Carpinteria City Council
July 8, 2024

City of Carpinteria
City Council Regular Meeting Agenda
Monday, July 8, 2024
Council Chamber, 5775 Carpinteria Avenue, Carpinteria, CA 93013 5:30 p.m. Regular Meeting
In-Person and Virtual Participation Options
AMENDED AGENDA – REVISED TITLE OF ITEM NO. 13
Attendance/Viewing Options:
• Attend the in-person meeting in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• View the meeting live through the City’s website (https://carpinteriaca.gov/cityhall/agendas-meetings/). • View the meeting on Government Access Television Channel 21 (broadcast live and rebroadcast on the Wednesday and the Saturday following the meeting at 8:00 p.m. and 5:00 p.m., respectively).
• Call 669-900-9128 (and enter Webinar ID 889 0390 2262) to listen to the meeting. • Join the City’s Zoom webinar by CLICKING HERE. Alternatively, you can join the Zoom webinar by logging on to www.zoom.us, downloading the application, selecting “Join Meeting”, and entering Webinar ID 889 0390 2262.
• Spanish interpretation will be available at the in-person meeting and through the City’s Zoom webinar.

Public Comments
• Provide a live public comment in City Council Chambers at City Hall (5775 Carpinteria Ave.).
• Provide a live comment through the City’s Zoom webinar platform (through the link provided above). To make public comments through this platform please use the “raise your hand” feature to notify staff that you would like to make a public comment during designated public comment times. Once it is your turn to provide a public comment, staff will unmute your microphone and you will be given a designated amount of time to provide your comment. At the end of your comment, staff will once again mute your microphone.
• Submit a written comment (as either a general public comment or on a specific agenda item) to be distributed to Council Members by 12:00 P.M. on the day of the meeting by either submitting your comment via (1) email to [email protected], or (2) the eComment link on the City's agenda website available at https://carpinteriaca.gov/city-hall/agendas-meetings/. Please City Council Regular Meeting Agenda
July 8, 2024

reference the agenda item to which your comment pertains. Although written comments become part of the record, they will not be read aloud at the meeting.

Please note that the City will make every effort to make the meeting accessible virtually; however, if one of the above virtual attendance/viewing or public comment options is unavailable due to technological issues, you are invited to take advantage of one of the other participation options outlined above (including attending and providing public comment inperson in the City Council Chambers). Additional options may be made available at the meeting.

Levine Act Warning
Applicants and their agents before the City Council are subject to the campaign disclosure provisions detailed in Government Code Section 84308. No City Council Member may accept, solicit, or direct a contribution of more than $250 from any party or agent for 12 months following the date a final decision is rendered by the City. This prohibition commences when an application has been filed, or the proceeding is otherwise initiated. A party to a City proceeding—which includes both applicants and agents—shall disclose on the record of the proceeding any contribution of more than $250 made to any Council Member by the applicant or agent, during the preceding 12 months. No party to a City proceeding, or agent, shall make a contribution to a Council Member during the proceeding and for 12 months following the date a final decision is rendered by the City. Prior to rendering a decision on a City proceeding, any Council Member who received contribution of more than $250 within the preceding 12 months from any party, or agent, to a proceeding shall disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any Council Member receives a contribution that otherwise would require disqualification, and returns the contribution within 30 days of knowing about the contribution and the relevant proceeding, the Council Member shall be permitted to participate in the proceeding. If you believe that these provisions apply to you or a Council Member, please inform the City Clerk at the earliest possible opportunity.

Failure to do so may affect the City’s ability to process your application.

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE
COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:

The City Council may consider Councilmember(s) request to participate in the meeting remotely under the regulations of AB 2449 by making the necessary findings and voting on whether the Councilmember(s) may participate remotely.

AGENDA MODIFICATIONS: The City Council may modify the regular agenda by tabling items, adding urgency items to the agenda, or changing the order in which items are City Council Regular Meeting Agenda
July 8, 2024

considered. Changes to the Consent Calendar are considered at the time the Consent Calendar is considered.

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS

1. Proclamation Designating July as Park and Recreation Month.

TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY

MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES

RECONVENE THE REGULAR MEETING OF THE CITY COUNCIL

PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
This may include updates on law enforcement activity within the City from a Sheriff’s Office representative.

CITY MANAGER’S REPORT
The City Manager will report to the City Council regarding various City and/or community events and/or matters of interest. There will be no City Council discussion except to ask questions or refer matters to staff; and no action will be taken unless listed on a subsequent agenda or as otherwise specified below.
a. Senior Services Programming
b. City Employee Updates
c. Updates on Capital Improvement Projects
d. Updates on Development Applications
e. Other City/Community Updates

PLANNING COMMISSION ACTIONS
The City Council may vote to appeal a decision of the Planning Commission to itself by majority vote (CMC 14.78.040(2)).

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
This is a time for public comments on matters not otherwise on the agenda but within the subject matter jurisdiction of the City Council. The Mayor may establish reasonable regulations for public comment based on the time available and/or the number of persons waiting to speak. Typically, the Council’s practice has been to limit each speaker to three minutes. The audio-visual system in the Council Chamber is not available for speaker use during the general Public Comment period.

City Council Regular Meeting Agenda
July 8, 2024

The City and the City Council are not responsible for the content of statements made during the public comment period, or the factual accuracy of any such statements.

CONSENT CALENDAR: Items on the consent calendar are considered to be routine and are normally enacted by one unanimous vote of the Council. If you wish to speak on a consent calendar item please do so during the public comment period provided at the beginning of this item.

2. Approve the minutes of the special joint meeting held June 18, 2024 and the regular meeting held June 24, 2024.

3. Receive and file the Expenditures for the period beginning June 17, 2024 and ending June 28, 2024.

4. Receive and file the Monthly Treasurer’s Report on Compliance with Statement of Safekeeping and Investment of Public Funds for May 2024

5. Authorize the City Manager to execute the First Amendment to a Vendor Agreement for reoccurring animal control services for the period from April 2, 2024 to April 1, 2025, for a not-to-exceed amount of $24,000 for the one-year term of the Agreement. (Requires a roll call vote.)

6. Adopt Ordinance No. 778 (second reading), amending Carpinteria Municipal Code Chapter 8.52, Smoking Regulations. (Requires a roll call vote.) ADMINISTRATIVE MATTERS:

7. Review of home sales prices and adjusting the 2024 in-lieu affordable housing fee pursuant to Carpinteria Municipal Code Chapter 14.75, Inclusionary Housing Requirement, and, if desired, adopt Resolution No. 6337, as read by title only, adjusting the 2024 affordable housing in-lieu fees for condominiums and singlefamily dwellings.

Recommendation: Receive and file the report on the City’s home sales prices for 2023 and adopt Resolution No. 6337 to adjust the 2024 affordable housing in-lieu fees for condominiums and single-family dwellings.

Staff Presenter: Syndi Souter, Senior Planner
a. Staff Report
b. Public Comment
c. City Council Determination

8. Adoption of Resolution No. 6338, approving the recommendations of the Traffic Safety Committee.

City Council Regular Meeting Agenda
July 8, 2024

Recommendation: Adopt Resolution No. 6338, approving the recommendations of the Traffic Safety Committee.

Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

9. Award Construction Contract for the Via Real Stormwater Project to Toro Enterprises, Inc. and Agreements for related Construction Management and Inspection, Testing, and Archeology and Native American Monitoring Services.

Recommendation: For the Via Real Stormwater Project: (1) Award a Construction Contract to Toro Enterprises, Inc. in the Total Bid amount of $3,116,428; (2) Authorize the City Manager to execute an Agreement with Cannon Corporation for construction management and inspection services, not-to-exceed $260,698; (3) Authorize the City Manager to execute an Agreement with Cotton Shires and Associates, Inc. for acceptance and materials testing services, not-to-exceed $54,461; (4) Authorize the City Manager to execute an Agreement with Leftwich Archeology for archeological and Native American monitoring services, not-toexceed $109,120; and (5) Approve a budget appropriation of $29,000 to the Capital Improvements Fund for the Fiscal Year 2024-25 Capital Improvements Program Budget. (This motion requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

10. Closeout of Carpinteria Skate Park Project.

Recommendation: Authorize the Mayor to sign the Closeout Agreement and Release of Claims for the Carpinteria Skate Park Project with Lash Construction, Inc. (Requires a roll call vote.)
Staff Presenter: John L. Ilasin, Public Works Director
a. Staff Report
b. Public Comment
c. City Council Determination

11. Legislation Position Letter Opposing Assembly Bill 2557.

City Council Regular Meeting Agenda
July 8, 2024

Recommendation: Consider and act on the draft letter of opposition concerning Assembly Bill 2557.

Staff Presenter: Brian C. Barrett, City Clerk
a. Staff Report
b. Public Comment
c. City Council Determination
PUBLIC HEARING:

12. Hearing at the request of the City of Carpinteria: (1) Introduce and conduct first reading of Ordinance No. 785, an amendment to the City’s Local Coastal Program that makes changes to Carpinteria Municipal Coe, Title 14 – Zoning, by amending regulations concerning Accessory Dwelling Units and Junior Accessory Dwelling Units (Project No. 23-2231-LCPA/ORD); and (2) Adopt Resolution No. 6340 certifying that Ordinance No. 785 is intended to carry out the policies of the City’s certified Local Coastal Program consistent with the California Coastal Act, and direct that the proposed Local Coastal Program Amendment be transmitted to the California Coastal Commission for certification.

Recommendation: (1) Approve, on first reading, Ordinance No. 785, as read by title only title only; and (2) Adopt Resolution No. 6340, as read by title only; and (3) Determine that Ordinance No. 785 is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15303. (Requires reading of ordinance title and a roll call vote.)
Staff Presenter: Megan Musolf, Assistant Planner
a. Staff Report
b. Public Comment
c. City Council Determination

13. Ordinance No. 784, an Ordinance of the City Council of the City of Carpinteria, California, Amending Chapter 2.08 (City Manager) of Title 2 (Administration and Personnel) and Chapter 3.32 (Purchasing Systems) of Title 3 (Revenue and Finance) of the Carpinteria Municipal Code Regarding Purchasing System, and Resolution No. 6341, Approving and Adopting the City’s Procurement Policy.

Recommendation: (1) Introduce and approve Ordinance No. 784, as read by title only, and continue the second reading of the ordinance for adoption to July 22, 2024; and (2) Approve and adopt Resolution No. 6341, the City’s Procurement Policy. (Requires reading of ordinance title and a roll call vote.) Staff Presenter: Licette Maldonado, Administrative Services Director City Council Regular Meeting Agenda
July 8, 2024

a. Staff Report
b. Public Comment
c. City Council Determination

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR AND/OR

OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED
MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:

14. Adopt Resolution No. 6339, combining and amending the Conditions of Employment for Miscellaneous Unrepresented and Management Personnel including amendments to classification, work schedules, compensation adjustments, leave, holidays and health benefits.

Recommendation: Adopt Resolution No. 6339, combining and amending the Conditions of Employment between the City of Carpinteria and Miscellaneous Unrepresented and Management Personnel, including amendments to classification, work schedules, compensation adjustments, leave, holidays, and health benefits for the period of July 1, 2024 – June 30, 2025, and authorize the City Manager to implement the changes retroactively to July 1, 2024.

Staff Presenter: Teresa Ilasin, Management Analyst II
a. Staff Report
b. Public Comment
c. City Council Determination
LEGISLATIVE UPDATE: The City Council will discuss local, state and/or federal legislation under consideration and decide whether to direct staff to place a matter(s) on a future City Council agenda for consideration.

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Informational reports from Councilmember representatives on the committees, commissions and organizations listed below. This is also an opportunity for Councilmembers to request information from staff or seek support from fellow Councilmembers for future agenda items.

1. Appointees to Other Government Agencies
a. Beach Erosion Authority for Clean Oceans and Nourishment (BEACON) (Solórzano/Alt. Clark)
City Council Regular Meeting Agenda
July 8, 2024

b. California Joint Powers Insurance Authority (CJPIA) (Clark/Alt. Alarcon) c. Santa Barbara County Association of Governments (SBCAG)(Clark/Alt.

Nomura)
d. Santa Barbara County Air Pollution Control District (APCD)(Clark/Alt. Nomura) e. Central Coast Community Energy (3CE) (Nomura/Alt. Goleta) f. Santa Barbara Mosquito and Vector Management District (Joe Franken) g. Santa Barbara Metropolitan Transit District (Solórzano)

2. Regional Committees
a. Channel Counties Division, League of California Cities (Nomura/Alt. Alarcon) b. Santa Barbara Joint Affordable Housing Task Group (Alarcon & Solórzano) c. Santa Barbara County Elected Leaders Forum to Address Homelessness (Clark/Alt. Alarcon)
d. South Coast Youth Safety Partnership (Solórzano/Alt. Lee) e. Multijurisdictional Solid Waste Task Group (Lee/Alt. Alarcon)

3. Joint and Standing Committees
a. City Council/Economic Vitality Committee (Alarcon & Lee) b. City Council/Public Safety Committee (Clark & Nomura) c. City Council/School Board Committee (Lee and Alarcon) d. City Council/Utilities Committee (Lee & Nomura)
e. City Council/First District Supervisor Committee (Lee & Solórzano) f. City Council Finance/Budget Committee (Alarcon & Clark) g. Transportation Committee (Lee & Clark)
h. Development Review Committee (Joint Committee membership from City Council, Planning Commission and Architectural Review Board) (CC: Clark & Nomura) (PC: To Be Selected by Planning Commission) (ARB: Stein & O’Connor)
i. General Plan and Coastal Plan Update Committee (Joint Committee membership from City Council and Planning Commission) (Lee & Clark) (PC:

Benefield and Salant)
j. Public Facility Site Acquisition/Development Committee (Clark & Nomura) k. City Council Boards, Commissions and Committees Review Committee (Clark & Nomura/ Alt. Lee)
l. Sustainability Committee (Nomura & Solórzano)

4. Ad Hoc Committees
a. Senior Services Planning Committee (Lee & Solórzano) b. Civic/Youth Engagement Committee (Lee & Nomura)
c. City Council Housing Element Committee (Clark & Nomura) d. Harbor Seal Advisory Committee (Solórzano & Alarcon) e. Appointment Process Committee (Alarcon & Clark)
City Council Regular Meeting Agenda
July 8, 2024

5. Appointed Representatives to Area Boards & Committees a. Community Media Access Center (Gary Dobbins)
b. County Library Advisory Committee (Gail Marshall)

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS

ADJOURNMENT
The next regular City Council meeting will be held July 22, 2024 at 5:30 p.m.

In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Office at (805) 755-4403 or the California Relay Service at (866) 735-2929. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.

Materials related to an agenda item submitted to the City Council after distribution of the agenda packet are available for public review at the City Clerk's Office, located at 5775 Carpinteria Avenue, Carpinteria, CA 93013 or by going to the City’s website at https://carpinteriaca.gov/city-hall/agendas-meetings/.

This agenda was posted on Wednesday, July 3, 2024, in the City Clerk's Office, on the City Hall Public Notices Board, and on the Internet.
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A PROCLAMATION OF THE CARPINTERIA

CITY COUNCIL DESIGNATING JULY AS

PARK AND RECREATION MONTH
WHEREAS, Parks and Recreation is an integral paft of communities throughout this country including the City of Carpinteria and promotes health and wellness, improving the physical and mental health of people; and WHEREAS, time spent in nature, which positively impacts mental health by increasing cognitive pertormance and well-being, and alleviating r7lnesses such as depression, attention deficit disorders, and Alzheimels Disease; and WHEREAS, community parks encourage physical activities by providing space for popular sporfs, hiking trails, swimming pools and many other activities designed to promote active lifestyles; and
WHEREAS, the City's Parks, Recreation & Community Servrces Department is a leading provider of healthy meals, nutrition seryices and education; and ,.

WHEREAS, Park and Recreation programming and education activities, such as out-of-school time programming, youth sporfs and environmental education, are critical tochildhood development; and WHEREAS, community parks and recreation activities increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of business, and crime reduction; and WHEREAS, Parks and Recreation is fundamental to the well-being of our community; and
WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and
WHEREAS, fhe U.S. House of Representatives has designated July as Pafus and Recreation Month; and
WHEREAS, fhe City of Carpinteria recognizes fhe benefits derived from Parks and Recreation resources.

NOW, THEREFORE, the City Council of the City of Carpinteria hereby designates July as "PARKS AND RECREATION MONTH" in Carpinteria.
lN I//ITNESS THEREOF, the Mayor hereunto set their hand and caused the official seal of the City of Carpinteria, Califomia, to be affixed this 8th day of July, 2024.

Al Clark, Mayor
City of Carpinteria
ATTEST:

Bian C. Banett, CMC, CPMC
City Clerk, City of Carpinteria

CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013

REGULAR MEETING AGENDA
MONDAY, JULY 8, 2024
5:30 P.M.

1. Call to order and roll call.

2. Confirmation of legal noticing and procedural requirements of meeting.

3. Public Comment – This is the time for public comments on matters not otherwise on the agenda but within the subject matter of the Carpinteria Library Board of Trustees.

4. Approval of minutes of the regular meeting held June 10, 2024.

5. July 2024 Community Library Report.

Recommendation: Receive and file the report.

6. New Business & Discussion.

7. Adjournment.

The Carpinteria Library Board of Trustees agenda and any associated staff reports will be available on Friday, July 5, 2024 on the City’s Website: https://carpinteriaca.gov/cityhall/agendas-meetings/. The Carpinteria Library Board of Trustees agenda and staff reports are part of the City Council agenda for its regular meeting of July 8, 2024. Please see “TEMPORARY ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES.” Details and procedures on how to provide public comment and participate in the meeting through telephonic means are available on the posted City Council agenda at https://carpinteriaca.gov/city-hall/agendas-meetings/.

In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact Brian Barrett, City Clerk at [email protected] or (805) 755-4403. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting. This agenda was posted on Wednesday, July 3, 2024, in the City Clerk’s Office, on the City Hall Public Notices Board, and on the Internet.

CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013

REGULAR MEETING AGENDA
MONDAY, JUNE 10, 2024

1. Call to order and roll call.

President Clark called the meeting to order at 6:32 pm.

Boardmembers present: Boardmember Roy Lee
Boardmember Wade T. Nomura
Boardmember Mónica J. Solórzano
Vice President Natalia Alarcon
President Al Clark
Staff members present: Michael Ramirez, Chief Executive Officer Jena Shoaf Acos, Legal Counsel
Jody Thomas, City Librarian
Brian C. Barrett, Secretary

2. Confirmation of legal noticing and procedural requirements of meeting.

Secretary Barrett acknowledged that all legal noticing and procedural requirements have been met.

3. Public Comment
There was no public comment.

4. Approval of minutes of the regular meeting held May 13, 2024.

There was no public comment.

Motion by Boardmember Nomura, seconded by Vice President Alarcon, to approve the minutes of the regular meeting held May 13, 2024. Upon voice vote, the motion carried unanimously.

5. June 2024 Community Library Report.

Recommendation: Receive and file the report.

Library Board of Trustees Regular Meeting Minutes
June 10, 2024

City Librarian Thomas presented the staff report.

There was no public comment.

Motion by Boardmember Solórzano, seconded by Vice President Alarcon, to receive and file the report. Upon voice vote, the motion carried unanimously.

6. New Business & Discussion.

There was no new business nor discussion.

7. Adjournment.

President Clark adjourned the meeting at 6:47 pm.
________________________________
Brian C. Barrett, CMC, CPMC, Secretary
City of Carpinteria
LreRAnv Boano or Tnusrees Aceruol Srerr Reponr
July 8,2024

ITEM FOR LIBRARY BOARD OF TRUSTEES CONSIDERATION
July 2024 Community Library Report

STAFF RECOMMENDATION
Receive and file the report.

Sample Motion: I move to receive and file the Carpinteria Community Library report.

BACKGROUND
The Carpinteria Community Library, established by OrdinanceT4T on June 14,2021, and added to the Municipal Code, Chapter 2.38, also established a Library Board of Trustees (section 2.38.030) to meet at least once a month.

DISCUSSION
The July 2024 report includes updates on programs, outreach efforts, and staff changes Programs
The Summer Readinq Proqram: This program began on June 10 and as of June 30th there are 151 participants, 142 of which are youth. Self-declared goals from participants for the summer include: 47o/owantto become better at readingi 5Oo/o intend to read every day',48o/o want to read as much as they can; and 72o/o
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reading for enjoyment.

As with last year's reading program, the theme and activities related to the summer reading program include many opportunities for spending time outside. Last year participants were encouraged to spend time on the City's local beaches. This year, activities encourage insect observation and study by way of drawing the bugs found in the field, looking at bugs under magnification, and crafts that relate to the theme.

Signups for the summer reading program can be made at the library and the program continues through August 16. All ages are welcome to join! LBOT Staff Report
July 8,2024
Page2
Film Club: This club
Films will be shown
Hall meeting room.
is a new offering with a partnership between Ageweil and the Library. every Thursday afternoon at 2:00pm beginning July 11 in the Vets @ThisprogramalsobeginsonThursday,July11,At6:00pmon
Thursdays through the end of August, Bingo will be happening at Main Beach at the end of Linden. This is another program that encourages participanis to be outside and almost all ages can play and prizes keep it especially fun.

Wild Thinos: Due to the July 4 holiday, Wild Things lecture will also be held on Thursday, July 11 at 6:00pm. The Land Trust will be sharing about how they worked with the City 6f Carpinteria and other local stakeholders to conserve the Carpinteria Bluffs Nature Preserve and Rincon Bluffs. The adjacent properties are connected by a trail easement and collectively form more than 70 acres of conserved coastal habifat. They will also discuss some of the amazing wildlife that can be observed at the two properties by exploring citizen science data.

New Additions
The Library added a 1960's manual typewriter to the "Library of Things" collection. As with many historical technologies (think LPs), typewriters have enjoyed a resurgence of popularity and especially with those who never used typewriters before. The typewriter can be checked out for up to three weeks at a time.

The Wolf Museum of Exploration + lnnovation (MOXI Museum) has provided an additional 8 passes for the Library's collection at no cost to the Library. The total number of passes is now 12. The wait time for a Moxi Pass was about two months and the tripling of the number of passes will greatly reduce the wait time for a pass, As a reminder, the passes check out for one week and allow entry for up to two adults and five children. They can be used multiple times during the one week check out.

Operations
llack Gold Cooperative Library System lost 50% of funding they receive from the California State Library Board for courier services which is what the member libraries use to deliver materials from one library to another. To offset that funding loss, the contract for courier services was moved to the courier directly, eliminating thL courier company that had historically provided the services. Black Gold will be using the same couriei, bui at a reduced cost.

The Black Gold costs to Carpinteria (Attachment A) include an increase to costs based on the formula used to determine shared costs, an increase in costs forthe digital platform Hoopla to provide 10 checkouts a month, a few additional hotspots, as well a! tne annual portion of the unfunded pension liability.

LBOT Staff Report
July 8,2024

The Library Advisory Commission is actively working on strategic planning. The Commissioners have done some preliminary work with stakeholder conversations, watched several hours of a "how-to" webinar, and engaged in conversation with a professional consultant. Plans include focus groups, staff input, Board of Trustee input, a survey in Spanish and English, and guided discussion
Friends of the Montecito Library have reached out to discuss the possibility of Montecito Library joining the Carpinteria Library. To that end, they have requested that the consultant Martin G6mez provide a recap of that original study to the current Board of Trustees and the Library Advisory Commission this fall, with the aim to discuss pros and cons and possibilities for the future. Martin Gomez was one of the consultants who did the feasibility study in 2020, that resulted in Carpinteria establishing an independent library for the community. lt was determined, at that time, that it was not feasible for Montecito to do the same, due to lack of public funding.

Statr
Our new Library Technician, Pauline Nelson, started on Monday, June 17. She has several years of public library experience and is a wonderful story teller. ln addition to the new hire, the library has severalteen volunteers, an intern, and an extern working this summer. They are supporting library operations by shelving, checking in holds, making promotional signs, and other duties as assigned.

POLICY CONSISTENCY
The Library programs and resources are consistent with the actions of the City Council concerning the establishment of a municipal library.

FINANCIAL SIDERATIONS
There are no budget impacts as a result of this action.

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
As determineid necessary and appropriate, staff consults with the City Attorney's Office and risk managers of its insurance entity, the California Joint Powers lnsurance Authority, in order to ensure compliance with legal requirements and best practices.

OPTIONS

1. Receive and file.

2. Direct staff as appropriate
LBOT Staff Report
July 8,2024

PRINCIPAL PARTIES EXPECTED T MEETING
None

ATTACHMENTS
Attachment A - contributions and rotal Payments to Black Gord Fy25 Staff contact: Jody Thomas, City Librarian
(805) 684-431 4, iodyt@carp i nteriaca.oov
Staff contact: Jeanette Gant, Director of Parks,
Recreation and Community Services
(805) 7 55-4449, iea nettes @ca rp i nte riaca. sov
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 7 55-4400, [email protected]
Staff contact: Michael Ramirez, City Manager
(805) 7 55-4450, [email protected]
I
Signa

ATTACHMENT A

MEMORANDUM
Council Meeting Date: July 8, 2024
To: Honorable Mayor and City Council
From: Michael Ramirez, City Manager
Subject: City Manager’s Report

SENIOR SERVICES PROGRAMMING (AGEWELL)
Sip & Paint
In collaboration with Grand Vida, AgeWell hosted a free “Sip and Paint” event on Thursday, June 27. The event was a major success and attracted more than 30 participants.

Registration Platform
AgeWell has launched an online registration platform, where people can register, at no cost, to become an AgeWell Member, as well as for specific programs like Pickleball. The new registration process will collect and organize participant information, liability waivers, signed codes of conduct, and emergency contact information. In addition, the platform will track program participation and other important data to help guide decision making for future programming.

Film Club in Partnership with the Community Library
The AgeWell team is thrilled to announce the launch of a new Film Club in collaboration with the Carpinteria Community Library. The club will combine shared cinematic experiences with meaningful discussion every Thursday from 2:00 pm to 4:00 pm in the Veterans Hall meeting room.

AgeWell Lecture Series: Perfect Party Planning on a Budget The AgeWell Lecture Series continues on July 11th, with the topic “Perfect Party Planning on a Budget.” Join AgeWell in the Veterans Hall meeting room at 9:30 a.m. to learn all the tips and tricks to throw an unforgettable bash without emptying your wallet. Whether you're celebrating a birthday, anniversary, or just want to host a fabulous get-together, AgeWell has you covered!

CITY EMPLOYEE UPDATES
Recruitments
Below is a partial list of open recruitments and status. Additional information on City job openings is available online at https://carpinteriaca.gov/city-hall/human-resources/ • Accounting Technician
o Tentative start date July 8, 2024
• Aquatics Part-Time Positions
o Pool and Beach Lifeguards
o Swim and Water Polo Coaches
• Management Analyst I – One-Year Limited Term
o Deadline for first review: July 17, 2024

UPDATES ON CAPITAL IMPROVEMENT PROJECTS
No updates

UPDATES ON DEVELOPMENT APPLICATIONS
Private Parklets
As discussed in the Community Development Department’s update to the City Council on April 8, 2024, regarding the expiration of the COVID-19 Temporary Outdoor Business Permit Program on June 30th, CDD mailed informational letters to local businesses reminding them of the expiration of the Program and providing information on the process to obtain permanent approval of their temporary outdoor patron areas located on private property, also known as “Private Parklets”. In response, CDD has received inquiries from six Carpinteria business owners who desire to permanently permit their outdoor patron spaces. CDD anticipates the first private parklet applications to be approved within the next few weeks, with several additional approvals to follow, after review by the ARB.

OTHER CITY/COMMUNITY UPDATES
November Election & Nomination Period
The General Municipal Election will be held on Tuesday, November 5, 2024 for the election of the following:
• One (1) seat for City Council District No. 2 (four-year term beginning December 2024 and ending December 2028)
• One (1) seat for City Council District No. 3 (two-year term beginning December 2024 and ending December 2026)
• One (1) seat for City Council District No. 4 (four-year term beginning December 2024 and ending December 2028)
The Nomination Period for City Council Candidates opens Monday, July 15, 2024 at 8:00 am and closes Friday, August 9, 2024 at 5:00 pm unless an incumbent does not file, then the nomination period for that Council District is extended to Wednesday, August 14, 2024 at 5:00 pm. In 2024, there are no incumbents filing for office due to the transition from atlarge to district elections and the nomination period will be extended to Wednesday, August 14, 2024 at 5:00 pm. All candidates must be 18 years of age, a citizen of the United States, and a registered voter residing within the city limits and applicable Council District at the time nomination papers are issued. Candidate Handbooks will be available the first day of the nomination period, Monday, July 15, 2024. “Pulling” nomination papers will take approximately 45 minutes and an appointment is requested. There is no cost to be issued nomination papers or receive a Candidate’s Handbook; however, there is a $25.00 filing fee payable at the time a candidate submits nomination papers to the City Clerk. If you are interested in running, please reach out to City Clerk Brian Barrett at (805) 755-4403 or [email protected]. For more information go to https://carpinteriaca.gov/city-hall/city-clerk/#election.

FEMA Flood Risk Open House
The Federal Emergency Management Agency (FEMA) is proposing updates to the flood insurance rate maps for communities countywide including the Carpinteria community.

FEMA will be presenting the proposed preliminary flood insurance rate maps in a Flood Risk Open House, which will be hosted by the County of Santa Barbara. The Flood Risk Open House will be on Tuesday, July 9, 2024, at 5:30 p.m. in the Planning Commission Hearing Room, Engineering Building, 123 E. Anapamu St., Santa Barbara, CA 93101.

Junior Lifeguard Program (JGs)
On Friday, June 28
th
, 50 Junior Lifeguards and JG Instructors went to Santa Cruz Island for a day trip, and those who did not sign up for the field trip stayed back and had a regular day of Junior Guards. On the field trip JGs were able to swim, snorkel and have fun while exploring the beach!
JGs will participate in a competition at UCSB on Tuesday, July 9th, and on Friday, July 12th, JGs will host the annual Carp Comp! The event brings together JGs from the surrounding area for a day filled with some friendly competition.

At the City Council meeting on July 8, the City will accept a donation from The Food Liaison owners, Jason and Nirasha Rodriguez, along with their daughter Kennedy who participates in the City’s JG program. Over $3,000 was raised with the support of Rincon Brewery and dozens of community donors for the purchase of bike racks. Special thanks to Carpinteria Unified School District and Superintendent Diana Rigby for lending and delivering several bike racks to be used until the new bike racks are delivered.

MEMORANDUM
Date: July 2, 2024
To: City Council
From: Nick Bobroff, Community Development Director
Subject: July 1, 2024 Planning Commission Action
On Monday, July 1st, the Planning Commission considered the following hearing request with Commissioners Allen (virtual), Benefield, La Fevers, Moyer, and Salant in attendance:
1) Runnfedlt Automobile Storage Project Planner: Brian Banks Project # 23-2251-CUP/CDP
Address: 1025 Cindy Lane
Applicant: Ray Ames, Foothill Design Group
Hearing on the request of Ray Ames, Foothill Design Group, to consider Project 23-2251-CUP/CDP (application filed September 8, 2023) for a Conditional Use Permit and Coastal Development Permit to allow personal storage of up to nineteen collectable automobiles within an existing approximately 7,550 square foot tenant space in a multitenant industrial/research commercial building; and to accept a categorical exemption pursuant to §15301 of the California Environmental Quality Act (CEQA) Guidelines. The application involves APN 001-190-056, addressed as 1025 Cindy Lane.

The Planning Commission voted 5-0 to approve the Conditional Use Permit and Coastal Development Permit as presented.

City of Carpinteria
Special Joint City Council, Planning Commission &
Architectural Review Board Meeting Minutes
Tuesday, June 18, 2024
In-Person and Virtual
Teleconference Location: 2915 Oakdale Dr., Ann Arbor, MI 48108

CALL TO ORDER
Mayor Clark called the meeting to order at 5:32 pm.

City Clerk Barrett noted for the record that the meeting would be conducted pursuant to California Government Code Section 54953, in that Planning Commissioner Salant would be participating in the meeting via teleconference (Zoom) and in accordance with the Brown Act, the teleconference location has been identified in the notice and agenda for this meeting.

ROLL CALL
Councilmembers present: Councilmember Roy Lee
Councilmember Mónica J. Solórzano
Councilmember Wade T. Nomura
Vice Mayor Natalia Alarcon
Mayor Al Clark
Planning Commissioners Commissioner Jane Benefield
present: Commissioner John Moyer
Commissioner Katherine Salant (present via Zoom)
Chair Glenn La Fevers
Planning Commissioners Vice Chair David Allen
absent:

Architectural Review Board- Boardmember Richard Johnson members present: Boardmember Richard Little
Boardmember Patrick O’Connor
Vice Chair Amy Blakemore
Chair Brad Stein
Staff members present: Michael Ramirez, City Manager
Mack Carlson, on behalf of Brownstein Hyatt Farber
Special Joint City Council, Planning Commission
& Architectural Review Board Meeting Minutes
June 18, 2024

Schreck, LLP acting as City Attorney of the City
of Carpinteria
Brian C. Barrett, City Clerk
Nick Bobroff, Community Development Director
Syndi Souter, Senior Planner
Planning Commissioner Salant verified she could hear the proceedings well, she had a copy of the agenda for this meeting, the agenda was posted at the location where she is, her location is reasonably accessible to the public to allow a member of the public to participate in the teleconference from her location, and there was no member of the public present at her location who wished to participate in the meeting.

All Councilmembers, Planning Commissioners, and Architectural Review Boardmembers could clearly hear Planning Commissioner Salant.

PLEDGE OF ALLEGIANCE
Mayor Clark led those present in the salute to the flag.

CITY COUNCIL BUSINESS:

The City Council, Planning Commission and Architectural Review Board met to discuss the following subject matter:

1. Conceptual review of three options for a mixed-use project that would include:
6,718 square-feet of research and development office space; a 2,224 square-foot café/deli; and either 159, 147, or 153 apartment units, respectively for each option, on an 8.63-acre parcel located at 6380 Via Real (APN 001-190-097), proposed by Troy White, agent, for Steve Leonard, Manager for RPG Carpinteria, LLC.

Recommendation: Receive public comment, and provide individual comments on the mixed-use development proposal.

Senior Planner Souter presented the staff report and PowerPoint presentation.

Community Development Director Bobroff and Senior Planner Souter responded to questions from the Council, Planning Commission, and Architectural Review Board.

Troy White with TW Land Planning & Development, LLC, Mark Kirkhart, project architect with Design ARC, and Scott Capps, landscape architect with EPTDESIGN presented the applicant PowerPoint presentation.

Special Joint City Council, Planning Commission
& Architectural Review Board Meeting Minutes
June 18, 2024

The applicant responded to questions from the Architectural Review Board, Planning Commission, and City Council.

Mayor Clark recessed to a break at 7:34 pm and reconvened the meeting at 7:45 pm.

PUBLIC COMMENT WILL BE HEARD CONCERNING ONLY THE AGENDIZED ITEMS

FOR THIS SPECIAL MEETING
Speakers in-person: Linda Lisiecki representing Lagunitas HOA, Bryan Gindoff, Ashley DeVan, William Anderson, MJ Yardley, Brad Richardson, Tim Grimes, Leslie Gascoigne, Gary Graumann, Verna Gindoff, Kevin Donoghue, Don Bensen, and Jim Gaskin Speakers via Zoom: Gary Campopiano (did not speak)
Emails distributed: Bryan and Verna Gindoff, Tom Wong, Valerie Bentz, Donald Bensen, Graham Lyons with Mullen & Henzell LLP, Amrita Salm, Tom Perry, Ashley DeVan, Anonymous, William Anderson, Marion Anderson, Sherene Donoghue, Leslie Gascoigne, Hunter and Casey Turpin, Robert Donahue, and Robert Schwalje Mayor Clark opened up comment from the Architectural Review Board.

Boardmember O’Connor acknowledged that the developer made changes in the design since the first presentation to the Architectural Review Board in April 2024; however, there were a number of points that weren’t addressed. He recommended the Lagunitas residents and developer get together and negotiate the Covenants, Conditions and Restrictions (CC&R’s). He suggested the developer run open space calculations for lot density and lot coverage, both with and without a detention basin. He liked the underground stormwater collection which could be an alternative to making some of the unusable space usable.

Boardmember Little described the CC&R’s as an important element and encouraged the applicants and Lagunitas residents to resolve the CC&R’s issue before the project goes further. He noted that the two other alternative plans had very minor alterations and overall, the density is overdone and he expressed concern about the lack of open space for kids to play. He recommended eliminating the commercial space and putting in lowincome housing which is really vital.

Boardmember Johnson said the project was an improvement over what the Architectural Review Board had seen before, it was more detailed and residential-scaled; he liked the materials, the color scale, and the architecture is contemporary and goes along with the buildings to the east and BEGA. He suggested that there be more parking underground to free up more space for greenery and for the developer to look at great pumps to pump the sewer/water out of the site to lower the project.

Special Joint City Council, Planning Commission
& Architectural Review Board Meeting Minutes
June 18, 2024

Vice Chair Blakemore observed that the size, bulk and scale were too much and that the project is too ambitious and not compatible with the area or creek/riparian habitat. She explained how the underground parking layout is not functional and that the tandem spaces did not make sense and questioned their functionality. She noted that only one of the three presented options conforms to the City’s existing zoning while the other ones need modifications. She commented that she could not support the project with such little open space.

Chair Stein brought up that when the project was originally planned, it was going to resolve the problem with bikeways, mass transit, and the traffic flow at Via Real and Highway 150. He believed that that resolution may be a caveat that the City could request as a way to keep the zoning the way it is. He opposed the café in this project as it would pull people away from the downtown and people accessing the café would park on Lomita Lane and block the fire access. He said that the City needs a project that fits the community and makes Carpinteria better. He stood by the original project design and recommended the applicant go back to the original project design which was smaller, had a lower profile, was night sky friendly, and was beautifully designed to fit in with the surrounding neighborhood.

Mayor Clark opened up comment from the Planning Commission.

Commissioner Benefield suggested the applicant first figure out the parking, the setbacks, and then deal with the buildings. She stated that the buildings look like San Quentin Prison and are harsh and heavy and the walkways seem narrow. She also noted that there needs to be affordable housing, more open space provided, and the building height must be at 30 feet or under. She was concerned about the impacts to the mountain views and that there should be no parking in the front setback. She expressed support for conjunctive parking wherever it may pop up, but noted that the project was not compatible with the neighborhood or what was agreed upon in the beginning. She was not in favor of the project as presented.

Commissioner Salant noted that the question regarding the CC&R’s needs to be answered before the project goes forward. She was in favor of adding affordable units to the project; however, the density is overwhelming, the project needs more open space, and the presented options did not explore new ideas. She recommended the applicant go back to the drawing board legally as well as design-wise.

Mayor Clark asked legal counsel to what extent does the City enforce CC&R’s and is the City a party to the CC&R’s.

Legal Counsel Carlson responded that the City often requires CC&R’s to be recorded on for-sale projects associated with subdivisions and in this case, the CC&R’s were part of the conditions of approval for the original project, particularly conditions 161 and 162 which dealt with protection of the drainage and creek and maintenance of that area. He Special Joint City Council, Planning Commission
& Architectural Review Board Meeting Minutes
June 18, 2024

stated that the CC&R’s sought to establish procedures for purchasers of homes in the Lagunitas development and the purchaser or development of the parcel at issue tonight that they would maintain a fund to preserve and maintain that creek area. He clarified that the City is not a party to the agreement as the City did not sign the agreement, but as a third-party beneficiary, the City has the right, but not the obligation, to enforce those maintenance requirements. He noted that this is common especially in communities where the HOA maintains portions of the street or areas to make sure that the City has the ability to step in and enforce some of those CC&R’s to maintain the community. He described that the CC&R’s have recitals that describe the project that was approved at the time, but those recitals are not binding on the City and that the Council could consider this project. He further identified that the Council could condition the project to make sure the creek and drainage areas are maintained or impose other conditions as the project moves through the development process and that there is nothing that precludes the City, because these CC&R’s exist, from considering alternative forms of development on the site that are consistent with the City’s code.

Commissioner Moyer appreciated the presentation, liked the architecture, and believed it fit in with the surrounding area. He noted that affordable housing was tricky and this was a hard situation for the City and developer. He was in favor of Option 2 (with no modifications) and suggested the lighting be more controlled.

Chair La Fevers supported the concept of a mixed-use development on this site though he wouldn’t support a full residential overlay at this site. He did not support the market/café as it would bring in uses that aren’t a part of the commercial, industrial, or existing residential uses, as the downtown is used in that manner. He observed that rental housing is a needed component in Carpinteria as that is how Carpinteria has been developed. He noted that rental housing supports the City’s General Plan and the Housing Element and that there has been lots of work put into the Housing Element to identify potential sites that would be compatible with mixed use such as this site. He explained that the project has the potential to support Carpinteria’s interest in meeting the needs and requirements to provide additional housing whether it’s market rate, above moderate, or some other form. He didn’t support any of the presented options, suggested that the 30-foot limit be kept on the building height, and although technically Options 2 and 3 do that, more work needs to be done with the fill, the presentation of the front structure which is too massive to be compatible, and there is a blockage of public views of the mountains. He believed there may be opportunities to reduce the amount of fill needed and other ways to deal with drainage and sewer. He preferred avoiding any parking in the setback as the project would benefit with the further setback from Via Real and support impacts from massing. He noted his support for compact parking spaces as long as they were spread out and provided additional parking beyond what may be available. He expressed wariness on conjunctive use parking and didn’t support it. He did however, like underground parking to the extent that it’s used to support a denser development. He stated that before he could support the project, it would need to be scaled back towards the scale of the existing entitlement and the overall bulk and scale Special Joint City Council, Planning Commission
& Architectural Review Board Meeting Minutes
June 18, 2024

reduced. He liked the mix of one- and two-bedroom studio units as well as the proposed amenities. He noted mixed feelings about forcing affordable housing units at this location along the urban/rural boundary and believed that ideally this would be a lower profile and not too dense development. He stated that to build in affordable housing, it would force the development of a much denser project. Overall, in concept, he though the project was on the right track.

Mayor Clark opened up comment from the City Council.

Councilmember Lee encouraged the Lagunitas HOA and developer to come together to find a compromise to make sure this development, if it goes through, will benefit the community and surrounding area. He suggested the developer reach out to employers to focus on workforce housing which is needed. He noted that this project along with other nearby proposed developments would greatly impact the Bailard Avenue bridge which would not be able to handle so many people, especially in an emergency. As it stands, he could not support the project.

Councilmember Solórzano spoke on the real concerns with change and growth in the City, but noted that the City currently does not have a certified Housing Element which leaves the City vulnerable when it comes to housing projects. She commented that this site was a good location for housing, but needs some affordable income-restricted housing as the people who benefit from it are a real part of the Carpinteria community.

Vice Mayor Alarcon commented that the developer and Lagunitas homeowners need to negotiate the CC&R’s. She expressed concern with the small amount of functional open space and questioned the need for a dog park at this site as the City opened a pilot dog park in a nearby neighborhood, and it made more sense to place the tot lot in a central location rather than on the outskirts of the project. She noted that the central location where all the amenities are is rather condensed and wondered how much the bike storage would be used. She did like how public transportation is nearby. She suggested that the developer consider the type of tenants (whether it’s a market tenant or ideal tenant). She liked the color scheme for Option 1, but that the balance of commercial to residential doesn’t seem to be there yet and the project doesn’t seem to be compatible with the surrounding area. She felt that the architecture seemed to be a bit industrial, like a hotel and expressed parking concerns due to the proposed café as people would park on the street. She stated that affordable housing is incredibly important and the City needs workforce housing.

Councilmember Nomura recalled that when the Architectural Review Board reviewed the original Lagunitas development years ago, it was thought that it would never conform to the rest of the area at that time; however, it did work. He noted that when talking about height and scale of the project, when looking at the cross section of the grade itself, it’s lower than grade in many areas and portions of it will be brought up, but a lot of it will be brought up to the original grade. He expressed concern with the site and project, the Special Joint City Council, Planning Commission
& Architectural Review Board Meeting Minutes
June 18, 2024

setbacks and open space. He said it looks like the project is developed close to the envelope and may not be giving enough room to Lagunitas homeowners. He stated that the applicant needed to understand how the creek creates a buffer between Lagunitas residents and this site. He noted that the setback in the front parking should remain as a setback and not be included along Via Real; he preferred Option 2 as favorable.

Regarding solar panels and lighting, he wanted to make sure they won’t be a visual nuisance for the Lagunitas residents and that the lighting is night-friendly. If the buildings are going to remain two-story, he suggested that the buildings be shielded/screened as to not affect the Lagunitas residents, such as enclosing the balconies with louvres. He observed that the presented architecture is nice, but it’s not the mix or match that should be there; Lagunitas estates have a specific look and he encouraged the developer to transition between the industrial side and Lagunitas side. He noted that size and scale seems a bit large and if it were reduced the developer could handle parking (i.e. fewer units means less parking). He expressed concern that having two income types (Lagunitas owners and rental housing) may create a challenge. He encouraged the developer to reach out to the community and conform the project as much as possible.

Mayor Clark noted that the site was appropriate for residential use and explained the City needs the housing. He agreed with his colleagues that in terms of size, bulk and scale, the project needs to be reduced greatly. He observed that more affordable housing is needed and it’s appropriate to have different classes of people living together. He stated the City needs to build 901 units over the next few years to comply with Regional Housing Needs Allocation (RHNA), a lot of low-income and very low-income housing needs to be built. He commented that the housing at this location should be more compatible with the Lagunitas houses. He didn’t support three-story buildings as that wasn’t compatible with the neighborhood and blocked public views of the mountains and instead supported twostory buildings.

ADJOURNMENT
Mayor Clark adjourned the meeting at 9:35 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria
City Council Minutes
Regular Meeting
Monday, June 24, 2024
In-Person and Virtual

CALL TO ORDER
Mayor Clark called the meeting to order at 5:39 pm.

ROLL CALL
Councilmembers present: Councilmember Roy Lee
Councilmember Mónica J. Solórzano
Councilmember Wade T. Nomura
Vice Mayor Natalia Alarcon
Mayor Al Clark
Staff members present: Michael Ramirez, City Manager
Ryan Kintz, Assistant City Manager
Jena Shoaf Acos, on behalf of Brownstein Hyatt Farber
Schreck, LLP acting as City Attorney of the City
of Carpinteria
Benjamin Markham, on behalf of Brownstein Hyatt
Farber Schreck, LLP acting as City Attorney of
the City of Carpinteria (present via Zoom)
Stephon Downes, Management Analyst I
John L. Ilasin, Public Works Director
Nick Bobroff, Community Development Director
Mindy Fogg, Principal Planner
Licette Maldonado, Administrative Services Director
Olivia Uribe Mutal, Program Manager
Jeanette Gant, Parks, Recreation & Community
Services Director

PLEDGE OF ALLEGIANCE
Mayor Clark led those present in the salute to the flag.

COUNCILMEMBER(S) REQUEST FOR REMOTE PARTICIPATION UNDER AB 2449:

There were no Councilmember requests for remote participation under AB 2449.

City Council Regular Meeting Minutes
June 24, 2024

INTRODUCTIONS, PROCLAMATIONS AND PRESENTATIONS: NONE

PUBLIC INFORMATION REPORTS AND ANNOUNCEMENTS
Lieutenant Butch Arnoldi with the Santa Barbara County Sheriff’s Department provided an update on crime in the City.

CITY MANAGER’S REPORT
a. Senior Services Programming
None.
b. City Employee Updates
See City Manager’s Report.
c. Updates on Capital Improvement Projects
None.
d. Updates on Development Applications
None.
e. Other City/Community Updates
City Manager Ramirez reported on the following:
• A soon-to-be City webpage for the posting of recent and future Council letters of support/opposition on various proposed legislation. • Temporary COVID-19 Outdoor Business Permit Program (for parklets) is expiring on June 30th and businesses with existing private property encroachment within the City’s public right-of-way will be required to possess a new permit under the Downtown “T” Encroachment Permit Program.
• Independence Day Parade will be on Saturday, July 6th at 3:30 pm on Linden Avenue between Carpinteria Avenue and Sixth Street.
• A grassroots fundraising campaign spearheaded by Food Liaison owner Jason Rodriguez with the support of Rincon Brewery and community donors, raised $3,000 in support of the City’s Junior Lifeguard Program and the purchase of bike racks that will be placed at the beach end of Ash City Council Regular Meeting Minutes
June 24, 2024

Avenue for several weeks each summer to accommodate the large number of bikes belonging to participants in the Junior Lifeguard Program. • On Friday, June 28th from 3:30 to 4:30 pm, magician Shawn McMaster will be teaching magic to ages 10 and up at the Library.
• Recreation Programming will be closed for Independence Day.

Speakers in-person: Mike Wondolowski
PLANNING COMMISSION ACTIONS: NONE

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Speakers in-person: Eilleen Marcussen, Stephen Marcussen, Debbie Nomura, and Michael Baker, representing Boys & Girls Clubs
AGENDA MODIFICATIONS:

City Manager Ramirez asked the Council to remove Agenda Item No. 5 from the agenda.

Motion by Councilmember Nomura, seconded by Councilmember Solórzano, to remove Agenda Item No. 5 from the agenda. Upon voice vote, the motion carried unanimously.

CONSENT CALENDAR:

There was no public comment.

Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to approve the Consent Calendar Item Nos. 1 through 4. The roll call vote on the motion was as follows:

AYES: Councilmember Lee (on Item Nos. 1 through 3), Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark NOES: Councilmember Lee (on Item No. 4)
ABSENT: None
ABSTAIN: None
The motion carried.

1. Approve the minutes of the regular meeting held June 10, 2024.

2. Receive and file the Expenditures for the period beginning June 3, 2024 and ending June 14, 2024.

City Council Regular Meeting Minutes
June 24, 2024

3. Receive and file the Report of Contracts Executed by the City Manager for the Period of May 21, 2024 through June 17, 2024.

4. Adopt Ordinance No. 783 (second reading), amending Carpinteria Municipal Code Chapter 2.04.620 setting compensation of Carpinteria City Councilmembers to $950 per month. (Requires a roll call vote.)
ADMINISTRATIVE MATTERS:

5. Closeout of Carpinteria Skate Park Project.

Recommendation: Authorize the Mayor to sign the Closeout Agreement and Release of Claims for the Carpinteria Skate Park Project with Lash Construction, Inc. (Requires a roll call vote.)
The City Council removed this item from the agenda under the Agenda Modifications Section earlier in the meeting.

6. Resolution No. 6329, Approving a Coastal Conservancy Grant from the State Coastal Conservancy for the Carpinteria Living Shoreline Project.

Recommendation: Adopt Resolution No. 6329, approving a Coastal Conservancy Grant from the State Coastal Conservancy for the Carpinteria Living Shoreline Project.

Public Works Director Ilasin presented the staff report.

There was no public comment.

Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to adopt Resolution No. 6329, as read by title only. Upon voice vote, the motion carried unanimously.

7. Cancellation of the regular City Council meeting of August 12, 2024.

Recommendation: Authorize the cancellation of the August 12, 2024 City Council meeting.

City Manager Ramriez provided the staff report.

There was no public comment.

Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to authorize the cancellation of the August 12, 2024 City Council meeting. Upon voice vote, the motion carried unanimously.

City Council Regular Meeting Minutes
June 24, 2024

PUBLIC HEARING:

8. First reading of Ordinance No. 778, amending Chapter 8.52 (SMOKING REGULATIONS) of the Carpinteria Municipal Code (CMC) to, among other changes, regulate smoking in multi-unit housing developments, and update requirements for tobacco retail signage and smoking prohibitions in hotels in accordance with State law.

Recommendation: Approve the first reading of Ordinance No. 778, amending CMC Chapter 8.52, as read by title only and find that approval and adoption of Ordinance No. 778 is exempt from CEQA pursuant to California Environmental Quality Act Guidelines Sections 15060(c)(2) and 15060(c)(3), and 15061(b)(3). (Requires reading of ordinance title and a roll call vote.) Community Development Director Bobroff introduced Principal Planner Fogg who presented the staff report and PowerPoint presentation. Principal Planner Fogg, Community Development Director Bobroff, and Legal Counsel Markham responded to questions from the Council.

Mayor Clark opened the public hearing at 6:37 pm.

Speakers in-person: Javier Garnica, Jose Martin, and Jesselyn Banos, all representing Future Leaders of America and Rogelio Delgado
Speakers via Zoom: Hector Flores Garcia
Emails distributed: Metzli Reyes and Daniel Gonzalez
Mayor Clark closed the public hearing at 6:46 pm.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to approve Ordinance No. 778 on first reading, as read by title only, and continue second reading to the regular meeting of July 8, 2024. Upon voice vote, the motion carried unanimously.

Legal Counsel Acos announced that the Council needed to vote via a roll call vote.

Management Analyst I Downes read aloud the title of Ordinance No. 778 into the record.

The roll call vote on the motion was as follows:

AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
City Council Regular Meeting Minutes
June 24, 2024

The motion carried unanimously.

Mayor Clark recessed to a break at 6:47 pm and reconvened the meeting at 6:59 pm.

9. Adoption of the Fiscal Year (FY) 2024-25 Budget, setting related Appropriations Limits as required by State Law, making year-end amendments to the FY 2023- 24 Budget, updating the budget and fiscal policies, and adopting salary schedules for FY 2024-25.

Recommendation: Receive the staff report and public comments, close the public hearing, provide staff with direction concerning any changes to the proposed budget and take the following actions: (1) Approve and adopt by Resolution No. 6330, the Municipal Budget for Fiscal Year 2024-25, including authorization of year-end amendments for Fiscal Year 23-24, and updating the budget and fiscal policies; and, (2) Establish the appropriation limit for the City of Carpinteria for the 2024-25 Fiscal Year through adoption of Resolution No. 6331; and, (3) Establish the appropriation limit for the Street Lighting District No. 1 for the 2024-25 Fiscal Year through adoption of Resolution No. 6332; and (4) Approve and adopt Fiscal Year 2024-25 Salaries for SEIU-represented Employees, Miscellaneous and Management Employees, and Part-Time, Temporary, and Seasonal Employees by Resolution Nos. 6333 and 6334, and 6336, respectively. (Requires a roll call vote.)
City Manager Ramirez introduced the FY 2024-25 Budget PowerPoint presentation, FY 2023-24 Accomplishments, Significant Budget Outcomes, and Compensation and Staffing Updates.

Administrative Services Director Maldonado summarized the FY 2023-24 Estimated Final Budget and FY 2024-25 Proposed Budget.

Assistant City Manager Kintz went over the General Government divisions of City Clerk and Human Resources.

Program Manager Uribe Mutal described the Emergency Management & Preparedness and Communication and Community Promotions Programs.

City Manager Ramirez explained the Community Services Support Program.

Administrative Services Director Maldonado, Community Development Director Bobroff, Public Works Director Ilasin, and Parks, Recreation & Community Services Director Gant provided their respective department budget presentations.

Mayor Clark opened the public hearing at 8:06 pm.

City Council Regular Meeting Minutes
June 24, 2024

Speakers in-person: Rick Olmstead, Case Van Wingerden, Larry Nimmer, and Rogelio Delgado
Mayor Clark closed the public hearing at 8:18 pm.

Staff responded to questions from the Council.

The Council was in support of City Manager Ramirez executing an agreement with Larry Nimmer to video the Independence Day Parade.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to adopt Resolution Numbers 6330, 6331, 6332, 6333, 6334, and 6336 as read by title only, approving the Municipal Budget for FY 2024-25, setting related Appropriations Limits, making year-end amendments to the FY 2023-24 Budget, and adopting salary schedules for FY 2024-25.

Due to Councilmember Lee not supporting the proposed FY 2024-25 Budget, the City Council split the motion into two separate motions.

Councilmember Solórzano amended the motion to adopt Resolution Numbers 6331, 6332, 6333, 6334, and 6336 as read by title only, setting related Appropriations Limits, making year-end amendments to the FY 2023-24 Budget, and adopting salary schedules for FY 2024-25. Councilmember Nomura seconded the amended motion. The voice vote on the amended motion was as follows:

AYES: Councilmember Lee, Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: None
ABSENT: None
ABSTAIN: None
The amended motion carried unanimously.

Motion by Councilmember Solórzano, seconded by Vice Mayor Alarcon, to approve and adopt Resolution No. 6330, approving the Municipal Budget for FY 2024-25, including authorization of year-end amendments for FY 2023-24, and updating the budget and fiscal policies.

There was consensus of the Council to study how the City could fund the Community Resource Deputy position at next year’s Work Plan and determine on a case-by-case basis how Mr. Nimmer’s videos can be tailored to Council goals and reach a wider audience.

The roll call vote on the motion was as follows:

City Council Regular Meeting Minutes
June 24, 2024

AYES: Councilmember Nomura, Councilmember Solórzano, Vice Mayor Alarcon, and Mayor Clark
NOES: Councilmember Lee
ABSENT: None
ABSTAIN: None
The motion carried.

10. Continuation of Public Hearing for Approval of Procurement Policy and Municipal Code Update.

Recommendation: Receive public comment, keep public hearing open, and continue the public hearing for approval of the Procurement Policy and Municipal Code Update to the July 8, 2024 Council meeting.

Administrative Services Director Maldonado provided the staff report.

There was no public comment.

Motion by Vice Mayor Alarcon, seconded by Councilmember Nomura, to continue the public hearing for approval of the Procurement Policy and Municipal Code Update to the July 8, 2024 Council meeting. Upon voice vote, the motion carried unanimously.

CONSIDERATION OF ANY ITEMS REMOVED FROM CONSENT CALENDAR AND/OR OTHER AGENDA ITEMS REQUESTED TO BE ADVANCED: NONE
MATTERS CONTINUED FROM PREVIOUS MEETINGS: NONE
OTHER BUSINESS:

11. Legislation Position Letters Opposing Senate Bill 1037, Assembly Bill 1886, Senate Bill 951, and Assembly Bill 2560 and Supporting Assembly Bill 817.

Recommendation: Consider and act on the draft letters of opposition concerning Senate Bill 1037, Assembly Bill 1886, Senate Bill 951, and Assembly Bill 2560 and the draft letter of support for Assembly Bill 817.

Legal Counsel Acos presented the staff report.

There was no public comment.

Motion by Councilmember Solórzano, seconded by Councilmember Nomura, to approve submittal of the letter of opposition concerning Senate Bill 1037, Assembly Bill 1886, Senate Bill 951, and Assembly Bill 2560 and the letter of support for Assembly Bill 817.

Upon voice vote, the motion carried unanimously.

City Council Regular Meeting Minutes
June 24, 2024

LEGISLATIVE UPDATE:

Legal Counsel Acos presented AB 2557.

There was no public comment.

Motion by Mayor Clark, seconded by Vice Mayor Alarcon, to bring back a draft opposition letter concerning AB 2557 at a future Council meeting. Upon voice vote, the motion carried unanimously.

COMMITTEE REPORTS, INQUIRIES AND OTHER MATTERS PRESENTED BY

COUNCILMEMBERS
Councilmember Solórzano reported on her attendance at the Santa Barbara Metropolitan Transit District Board meeting on June 18th where the Board approved the City of Santa Barbara’s proposed Downtown Community Benefit Improvement District and received a presentation on the FY 23-24 Third Quarter Performance Reports. She stated that the 19X Service is not performing as robust as hoped.

Councilmember Lee reported on his attendance at the City’s Transportation Committee where the Santa Barbara Metropolitan Transit District spoke on microtransit service and his attendance at the City’s General Plan Update Committee where an updated General Plan is anticipated to be presented to the Council by the end of the year.

ATTENDANCE OF COUNCILMEMBERS FOR FUTURE MEETINGS
All Councilmembers are expected to be in attendance at the July 8th Council meeting.

ADJOURNMENT
Mayor Clark adjourned the meeting at 8:51 pm.
__________________________
Al Clark, Mayor
ATTEST:
____________________________
Brian C. Barrett, CMC, CPMC
City Clerk
City of Carpinteria
Gour.rcrr- Aceruon Srnrr Reponr
July 08,2024

ITEM FOR COUNCI L CONSIDERATION
Expenditures for the period beginning June 17 , 2024 and ending June 28,2024.

STAFF ENDATION
Receive and file Warrant Register for the period of June 17 ,2024, through June 28, 2024, pursuant to Carpinteria Municipal Code 2.08.150(F).

DISCUSSION
As part of each regular City Council agenda, a list of all checks (Attachment A) dispersed since the last reporting period is presented to the City Council pursuant to C.M.C.

2.08.150(F). The report is provided for City Council and public information and serves as staffs verification that the expenditures have been reviewed and are within budgeted appropriations.

FINANCIAL CO SIDERATIONS
The warrant register is designed to communicate fiscal activity since the prior reporting period.

ATTACHMENTS
Attachment A: Warrant Register for the period beginning June 17 ,2024 and ending June 28,2024.

Warrant Register
July 08,2024
Page#2
Staff contact: Brenda Robinson, Accounting Specialist
(805) 7 55-4442, [email protected]
Signature
Staff contact: Licette Maldonado, Admin Services Dir
(805) 7 55-4448, LicetteM@carpi nteriaca. q ov
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 7 55-4400, [email protected]
Reviewed by: Michael Ramirez, City Manager
(805) 7 55-4450, [email protected] Signature
/ilu/r, 0t /rlr^-
G:\CC Staff Reports\2024 O708\Draft\Expense Report-Warrant RegisteAstaff Report Ap.docx Vendor Number
Payable #
Bank Code: AP Bank-AP Bank
Payment Type: Regular
32?_223
30845
30846
16TM.tWHW 91Q4
1T1J MWLD,,gQXC
1YDY.QHN4 43FG
28 7 3 0 3 89 68U3 X O 610 2024
21440L9r
649093
649094
649r32
649133
53U3ti1
Warrant Register
Carpinteria, CA
Date Range: 06/17/2024 - 06/28/2024
Vendor Name
Payable Type
Payment Date PaymentAmount Number
Payable Description
CARPTNTER|A WELLNESS CENTER 06/27/2024
BRIAN DAILY 06/27/2024
AFLAC 06/20/2024
lnvoice JUNE 2024 EMPLOYEE PREMIUMS
ALL LANGUAGES INTERPRETING & TRANSLATING INC. 06/20/2024 lnvoice 2 SPANISH INTERPRETERS FOR CC MTGS APR24
lnvoice 2 SPANISH INTERPRETERS FOR CC MTGS MAY24
AMAZON CAPTTAL SERVTCES tNC 06/2012024
lnvoice PHONE CASE
Credit Memo COLORED PAPER
lnvoice BINDERS & DIVIDERS
Ar&T MOBTLTTY 06/2012024
lnvoice JUN24 CITY HALL CELL PHONES
BAYALARM 06/20/2024
lnvoice SECURITY/FIRE MONITORING t/7/24-9/30/24
BIG GREEN CLEANTNG COMPANY 06/20/2024
lnvoice JUN24 CONTRACTED CLEANING SERVICES AT POOL
lnvoice JUN24 CONTRACTED CLEANING SERVICES FOR LIBRARY
lnvoice JUN24 CONTRACTED CLEANING SERVICES AT SEASIDE
lnvoice JUN24 CONTRACTED CLEANING SERVICES CITY & VETS
CARPINTERIA VALLEY LUMBER CO 06/20/2024
lnvoice SUPPLIES FOR POOL HANDRAILS
CARP|NTER|A VETERTNARY HOSPTTAL rNC 06/20/2024
lnvoice LICENSE ISSUANCE FEEO3/O7/23
lnvoice LICENSE ISSUANCE FEE04/I5/23
lnvoice LICENSE ISSUANCE FEEO9/\4/2O23
lnvoice LICENSE ISSUANCE FEEOI/29/24
CENTRAL COAST TMFORMATTON CENTER 06/20/2024
lnvoice FRANKLIN CREEK TRAIL INFORMATION REQUEST
CoASTAUTO PARTS INC 06/20/2024
lnvoice EXHAUST FLUID FOR UNIT 331
cox BUsrNEss 06/2012024
lnvoice JUN24 VETS HALL INTERNET-PHONE SERVICE
EASY LTFTTRANSPORTATTON 06/20/2024
lnvoice JUN24 COMMUNITY TRANSPORTATION SERVICES
FRONTTER COMMUNTCATONS 06/20/2024
lnvoice JUN24 PHONE & INTERNET SERVICES FOR LIBRARY
lnvoice JUN24 PHONE & INTERNET FOR LG TOWER & BOATHOUSE GRACENOTE 06/20/2024
lnvoice JUN24 LISTING DISTRIBUTION SERVICES-GATV
GUARDTAN 06/20/2024
lnvoice JUN24 PREMIUMS
HAAKER EQUIPMENT COMPANY 06120/2024
Invoice 5/8124.6/4/24 HAAKER STREETSWEEPER RENTAL
HDL SOFTWARE LLC 06/2012024
(22.24], LO3466
(138.31) 10376s
179.8s 103832
2,925.00 103833
260.53 103834
592.19 10383s
186.75 103836
5,769.00 103837

11.22 103838
s89.00 103839
150.00 103840

86.66 103841
135.99 103842
1,000.00 103843
342.73 103844
7s.65 103845
9,880.67 103846
rr,772.OO LO3847
lll9ttl2
396301
40 27 46
40214.1)
CCIC INVOICE 3552
/78932
JUN24 001 30L1 028450707
7:;0:,
JUN24 80:t 6u4 4314 06302.2,5
J U N24 805 684. 7 613. 042205. 5
1500 I 7386
]TJN24 PREMII.JMS

LSAO/ J

10,000.00 103848
st N036301
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2520
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s21774O8s
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600-2024-05
?58
8311

21.56 39?Q+
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388336220
APR24 1004051.92484
MAY24 700474689651.
544734
tNV0005837
0,0ry9q8,45
0Q833s4068
33520
-2:01,6:4
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7t9?s:+9
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789463
lnvoice

ID WORKS LLC
lnvoice

SHOWSCAPES
lnvoice
lnvoice

SO CA EDISON
lnvoice
lnvoice

SO CA EDISON
lnvoice

STACY GAUTHIER
lnvoice

STAPLES ADVANTAGE
lnvoice
lnvoice

THE FLAG FACTORY
lnvoice
BASIC
lnvoice
LEWIS ENGINEERING 06/20/2024
lnvoice PROFESSTONAL SERVTCES CARP SEWER TH ROUGH S/gt/24 MARK MATTHEWS 06/20/2024
lnvoice JUN24 JUNTOR LTFEGUARD TUIT|ON REFUND
MlssroN uNtFoRM SERV|CE 06/20/2024
lnvoice MAT REPLACEMENI UNTFORM CLEANTNG 6/3/24
lnvoice TOWEL & MAT REPLACEMENT FOR Cffy HALL6/3/24
MRS ENVIRONMENTAL INC 06/20/2024
Invoice MAY24 OIL & GAS ON CALL ENVIRoMENTAL sERVIcEs
RrsDoN's 76 SERVTCE 06/20/2024
lnvoice CAR WASH FOR UN|T 255 5126124
lnvoice CAR WASH FOR UN|T 25S 5/16124
SANTA BARBARA COUNTY SHERIFFS DEPT 0612012024
lnvoice JUN24 CONTRACTED LAW ENFORCEMENTSERVTCES
SANTA BARBARA PEST CONTROL 06/20/2024
lnvoice MAY24 PEST CONTROL AT CtTy HALL
SHAWN MCMASTER 06/20/2024
lnvoice PERFORMANCE FOR L|BRARY PROGRAM 6/28/.24
FEB24 BUSINESS LICENSE TAX ORDINANCE/FEE STUDY
06/20/2024

HATS/T-SHIRTS FOR PUBLIC WORKS
06120/2024
JUN24 SHOW SCAPES MAINTENANCE FY23/24
JUN24 MONTHLY CHEMICAL CHARGE COMPLEX
06/20/2024
APR24 ELECTRICITY.MULTIPLE LOCATIONS
MAY24 ELECTRICITY-4683 gTH ST
06/20/2024
MAY24 ELECTRICIry-4808 FOOTHILL RD PED CARPINTERIA
06/20/2024
JUN24 JUNIOR GUARD TUITION REFUND
06/20/2024

COPY PAPER

COPY PAPER
06/20/2024

PRIDE FLAG FOR LINDEN FLAG POLE
06/27/2024
JUN24 MONTHLY FSA ADMIN FEE
629.66 103849
993.7s 1038s0
625.00 103851
193.08 103852
9,200.00 1038s3

60.00 1038s4
s22,3s7.00 103855

75.00 103856
800.00 1038s7
21,865.00 103858
9,304.22 1038s9
1,256.45 103860
625,00 103861
219.93 103862

58.32 103863

26.75 103864
1,167.63 103865
2,981.58 103866
244.6L 703867
rRr-co REPROGRAPHTCS 06/20/2024
lnvoice SCANNING SMALL FORMAT, F|LE RENAME 6/4/24
lnvoice SCANNTNG LARGE FORMAT, F|LE RENAME 6/5/24
VULCAN MATERIALS COMPANY 06/20/2024
lnvoice CONCRETE FOR EV SWEEPER CHARGER
AMAZON CAP|TAL SERVTCES tNC 06/27/2024
lnvoice OFFICE AND PARK SUppLtES FOR PARKS & REC
lnvoice PADLOCK FOR VETS HALL
lnvoice OFFICE & PROGRAM SUppLtES
Invoice 2 ELECTRIC STANDING DEsKs FoR CITY HALL
lnvoice STORAGE CABTNETS FOR SENTOR CENTER
lnvoice FRIST AtD SUPPLIES FOR BEACH
lnvoice BAfiERtES FOR POOL
A-OK POWER EQUIPMENT 06/27/2024
lnvoice TIMMER L|NE & MOWTNG HEAD FOR SHOP
1I\131314q0
Page2
162.56 103868
lP:r8-'.Q+-!.6
8t24024948_
Rt 24024654
7_!9L-95,
8r64Q
88699
33147035
539q61
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9_]'343
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EP 21,6840
P1s-5ru3
I NVqQ0584e
I NV0005850
s2175eo3?
5?1259Q11
5?r_8-q3!!7
521803088
52180 090
s21803091
BOTTENFTELD CONSTRUCTTON 06/27/2024
lnvoice PROJECT CLOSEOUT EP-18-6416
BUREAU VERTTAS NORTH AMERTCA rNC 06/27/2024
lnvoice MAY24 MONTHLY PERMIT TECH SERVICES
lnvoice lUN24 PLAN CHECK SERVICES
1,326.37 103869
6,6s9,69 103870

95.00 103871
1,980.50 103872
r,249.52 703873
207.80 LO38t4
592.56 103875
350.00 103876
675.00 103877
990.00 103878
41s.68 103879
100.00 103880

81.75 103883
6,526.59 103884
155.68 103885
725.00 103886
CANNON 06/27/2024
lnvoice MAY24 DESIGN SERVICE-4675 CARPINTERIA AVE
lnvoice MAY24 DESIGN SERVICE-4745 CARPINTERIA AVE
CANON FTNANCTALSERVTCES rNC 06/27/2024
lnvoice JUN24 MAINT & SERVICE CANON PRINTERS
CARPTNTER|A VALLEY LUMBER CO 06/27/2024
lnvoice MATERIAL FOR BEACH PLATFORM
lnvoice SAFETY HOOKS FOR CHIPPER TRAILER
lnvoice LAP LINK FOR MEMORIAL PARK
lnvoice FIRE/SMOKE DETECTORS FOR CITY HALL & POOL HEATER lnvoice PRESSURE TREATED STREET SIGN
Invoice MATERIAL FOR ROUND ABOUT STREET SIGNS BOLTS & NUTS ccP TNDUSTRTES rNC 06127/2024
lnvoice FACE MASKS, GLOVES,WIPES, & TOWELS FOR SHOP

CA DEPT OF JUSTICE
lnvoice

CIVICPLUS
lnvoice

COASTALVIEW NEWS
lnvoice
lnvoice
lnvoice
lnvoice

FREEDOM SIGNS
lnvoice

INFOARMOR INC
lnvoice

JOHN D MULLEN
lnvoice

JOHNSTONE SUPPLY
lnvoice

KELLI FLORES
lnvoice
lnvoice
06/27 /2024
MAY24 FINGERPRINT APPLICATIONS
06/27/2024
JUN24 MUNICODE ADMINISTRATIVE SUPPORT FEE
06/27 /2024
HOST AD 6/6/24
6380 VIA REAL.LAGUNITAS CONCEPTUAL REV. AD 6/L8/24
oRDTNANCE 778 AD 6124/24
oRDTNANCE 78t AD 6/tO/24
06/27/2024
JUN24 IDENTITY THEFT EMPLOYEE PREMIUMS
06/27/2024
PROJ ECT CLOSEOUT EP-21-6840
06/27/2024
rGNrrER Krr FOR POOL HEATER6/t3/24
06/27/2024
JUN24 SWIM TEAM TUITION REFUND
JUN24 JUNIOR LIFEGUARD FEE REFUND
COUNTY SANITATION COMPANY INC STEWARTS & SELZER J06127I2O24 lnvoice HYDRO JETTING AT CITY HALL6/4/24
06/2712024
PROJECT CLOSEOUT PL-19.1973
GTLBERT PUNSALAN 06127/2024
lnvoice PETTY CASH REPLENISHMENT 6/25124
HAAKER EQUTPMENT COMPANY 06/27/2024
lnvoice REPLACE BROOMS FOR SWEEPER 5/29/24
4,838.24 103881
HOUSTNG TRUST FUND OF SANTA BARBARA COUNTY 06/27/2024 5,500.00 103882 Invoice WORKFORCE HOMEBUYER SERVICES SERRANO/SERGIO/NELSY MrssroN uNrFoRM sERVrcE 06127/2024
lnvoice MAT REPLACEMENT. UNIFROM CLEANING 6lLO/24
lnvoice TOWEL & MAT REPLACEMENT FOR CITY HALL 6/tO/24
lnvoice TOWEL & MAT REPLACEMENT- POOL 6/17124
lnvoice MAT REPLACEMENT. UNIFORM CLEANING 6/L7/24
lnvoice TOWEL & MAT REPLACEMENT FOR CIW HALL6/L7/24
lnvoice TOWEL & MAT REPLACEMENT- VETS HALL6/I7/24

443.38 103887
86512
rNV0005863
30761
tNV0005851
388336389
JUI2!A1998272A963
MAY24JOOL63777874
9!44132330
6004412926
EP-1s-5746
33539
247595
250295
25IL34
252116
20240t578
49020
?1-ss94
?31,3-W121124
PRL3 06/27 /L4
P\Ee91ZU2!
s/25/24-6/7 /24 PEPRA
5/ 2s / 24-6 / 7 / 24 CLASSTC
MNS ENGTNEERS tNC 06/2712024
Invoice MAY24 SURVEY FOR 435 CONCHA LoMA sBg
SANTA BARBARA HIVES LLC 06/27/2024
Invoice PRESENTATION FOR LIBRARY PRoGRAM
SANTA BARBARA PESTCONTROL 06/27/2024
lnvoice JUN24 PEST CONTROL AT POOL
SANTA BARBARA SW|M CLUB 06/27/2024
lnvoice JUN24 SBSC SW|M MEET
sHowscAPEs 06/27/2024
lnvoice IRRIGATION REPATRS AT VTOLA & EL CARRO qARKS/L/Z4 so cA EDrsoN 06/27/2024
Invoice JUN24 ELECTRICITY-5781 CARPINTERIAAVE PED PED
lnvoice MAY24 ELECTRICTTY-6145 CARP|NTER|A AVE
STAPLESADVANTAGE 06/27/2024
lnvoice COPY PAPER
Invoice COPY PAPER & WHITE OUT TAPE
THE CEARNALCOLLECTIVE 06127/2024
lnvoice PROJECT CLOSEOUT EP-15-S746
THE FLAG FACTORY 06/27/2024
lnvoice SUPPLIES FOR LTNDEN FLAGPOLE REptAR
THE WHARF 06/27/2024
Invoice SAFETY EQUIPMENT & BOOTS A. VEGA
lnvoice BOOTS R. ESTRADA
lnvoice BOOTS & STRAW HAT M. GONZALEZ
lnvoice SAFETY EQUIPMENT R. ESTRADA
UNITED PET CARE 06/27/2024
lnvoice JUN24 PET INSURANCE PREM|UMS
VILLAGE POOLSUPPLY 06/27/2024
lnvoice CHLORIDE, AC|D FOR qOOL6/L8/24
WESTCoASTARBOR|STS tNC 06/27/2024
lnvoice TREE MAINTENANCESIL6/24-S/3L/24
EDD-Str 06/27/2024
lnvoice PRL306/27/2024 PTTTAX DEPOS|T
EDD-SD| 06/27/2024
lnvoice PR13O6/27/2024 SDt TAX DEPOS|T
INTERNAL REVENUE SERVICE 06/27/2024
tnvoice qRL3O6/27/2O24 FEDERALTAX DEPOS|T
CaIPERS 06/27/2024
lnvoice pEpRA RETTREMENT CONTRTBUTTON 5/25/24-6/7 /24
calPERS 06/27/2024
lnvoice CLASSIC RETTREMENT CONTRTBUTTON 5/25/24-6/7/24
530.00 103888
250.00 103889
9s.00 103890
288.50 103891
139.00 103892
533.23 103893
295.91 103894
4,823.31 10389s
247.39 103896
840.35 103897

35.00 103898
481.06 103899
18,408.00 103900
6,943.ss DFT0003289
2,32r.86 DFT0003290
22,543.24 DFT0003291
12,863.3s DFT0003292
14,901.34 DFT0003293

City of Carpinteria
Gour.rcn- Aceruoe Srarr Reponr
July 8,2024

ITEM FOR COUNCIL CONSIDERATION
Monthly City Treasurer's Report on Compliance with Statement of Safekeeping and Investment of Public Funds.

STAFF RECOMMENDATION
Receive and file the report.

Sample Motion: I move to receive and file the report.

BACKGROUND / DISCUSSION
The City Council is the City of Carpinteria trustees and is authorized to make investment decisions concerning public funds that are subject to the Prudent lnvestment Standard.

The Prudent lnvestor Standard of the California Government Code Section 53600.3 states, "when investing, reinvesting, purchasing, acquiring, exchanging, selling or managing public funds, a trustee shall act with care, skill, prudence and diligence under circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated need of the City, that a prudent person in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City." The standard or prudence to be used by investment officials shall be applied in the context of managing the overall portfolio.

Trustees are those persons authorized to make investment decisions on behalf of a local agency. Trustees or City lnvestment Officials, acting in accordance with investment policy and exercising due diligence, shall be relieved of personal responsibility for an individual security's credit risk changes or market price changes, provided deviations from expectations are reported on time and appropriate action is taken to control adverse developments.

The purpose of this agenda matter is to provide the City Council with the required monthly Treasurer's Report (Attachment A.)
Monthly City Treasurer's Report
July 8,2024
Page2

POLICY CONSISTENCY
The City is in compliance with the adopted Statement of Safekeeping and lnvestment of Public Funds.

FINANCIAL CONSIDERATIONS
Cash Statement: On May 31 ,2024, the City held cash and cash investments as shown in the table below.

Table I
CASH ACTIVITY FOR THE MONTH:
$ 20,822,586.06
6,377,474.16
971
$ 21.228.806.90
lnvestments:

Changes in the market value of treasury securities are inversely proportional to changes in interest rates demanded in the open market (i.e., when rates rise market values fall, when rates fall market values rise.) The sensitivity of a portfolio's market value to these changes in market rates is a function of its days to maturity and its coupon rate.

Securities with longer maturities and/or lower coupon rates are more sensitive to changes in market interest rates. As security matures, changes in its value become less sensitive to market rate changes.

As of May 31 , 2024, the portfolio's average days to maturity was 2.25 years, the average coupon rate was 2.29o/o, the average yield to maturity was 4.93%, the par value was $11,250,000 and the Market Value was $10,834,937.91.

The City does not intend to sell or have any foreseeable need to sell any securities. The City's investment policy intends to hold all securities to maturity, and securities so held are redeemed at par value resulting in no net market gain or loss.

Attached for City Council review is the Treasurer's Report listing all the investments and cash activity during the month.

The City of Carpinteria will be able to meet all expenditure obligations that might reasonably be anticipated for the next six-month period December 1,2024 Cash and Investment Beginning of the Month
Cash Receipts
Cash Disbursements
Cash and Investment End of the Month
\\COCSH\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx Monthly City Treasurer's Report
July 8,2024

LEGAL
This report has been prepared in compliance with California Government Code Sections 53600 and 53646.

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

ATTACHMENTS
Attachment A: City of Carpinteria Monthly Treasurer's Report Staff contact:

Licette Maldonado, Administrative Services Director
licettem@carp interiaca. oov: (805) 7 55-4448 Signature Reviewed by: Michael Ramirez, City Manager
michaelr@carpinteriaca. gov: (805) 7 55-4450 ture
\COC5H\GDrive\Admin Services\Bank Reconciliations\Treasury\City Treasurer's report.docx I
Attachment A
City Treasurer's Monthly Report

CITY OF CARPINTERIA IRSASIJREB'S REPORT
For the Month Ended May 2O24
CA,SH ACTTVITY FOR fiIE MONfiI:

Cash and Investonent Beginning of the MonthCash ReceiptsCash DisbursementsCash and Investnnent End of the Month CASH A\ID INVEST1\{EI\IT PORTFOIIO :

Tvoe of Investment/Couoon/CUSlP #
Demand Deposit - General CheckingDemand Deposit - Premier Public Money MarketDemand Deposit - Section 125 CheckingDemand Deposit - Payroll CheckingLocal Agency lnvestnent FundDemand Deposit - Money MarketTreasury Note, 025Yq (91282CCG4) Treasury Note, 3.0Y", (91282CF44)TreasuryNote, 3.250 (9l282CFGl)Treasury Note, 0.37 syo' (9 I282CCX7 )Treasury Note, 2.l25%q (9128282Y5)Treasury Note, 0.625Yo, (91282CD84) Treasury Note, 2.25o/o, (9 12828G3 8)Treasury Note, 1.007q (91282CDN8)Treasury Note, l.l25%q (9 I282CDS7)Treasury Note, l.lzsyo, (9 128282C7 ) Treasury Note, 2.625Yo, (9128284F 4)TreasuryNote, 0.250 (9128282T0)Treasury Note, 0.25o/o, (9 l2828ZW 3') TreasuryNote, 0.250 (91282CAM3)Treasury Note, 3-0Yo, (9128285J5)Treasury Note, 0.3'75oh QI282CBC4) Treasury Note, 0.37 5y"' (9 I282CBC4)Treasury Note, 3.87 5oA, (91282CGE5)Treasury Note, 1.6250 (912828P46) Treasury Note, 0.57q (91282CBQ3)Treasury Note, 0.7 5o/o, (9 L282CBT7 )Treasury Note, 0.7 5o/o, (9 I282CCF 6) Treasury Note, 0.87 5ys (91282CCJ8)Treasury Note, 1.6250/o, (91282YQ7) $ 20,822,586.06
6,377,474.16
(s-971-253.32\
s tl ))RRO590
Par Value Market Value (1) Book Value (2) Institution/[ssuer Montecito BankMontecito BankMontecito BankMontecito Bank State of Califomia
Charles Schwab
U.S. GovernmentU.S. Government
U.S. GovemmentU.S. GovernmentU.S. GovernmentU.S. GovernmentU.S. Govemment U.S. GovemmentU.S. GovernmentU.S. GovernmentU.S. Govemment U.S. GovemmentU.S. Government
U.S. GovemmentU.S. GovernmentU.S. GovernmentU.S. Govemment U.S. GovemmentU.S. GovernmentU.S. Govemment
U.S. GovernmentU.S. Government
U.S. GovemmentU.S. Government
Yield to
Maturitv

N/AN/AN/AN/A

0.22o/o
N/A

4.610/o4.53o/o4.30o/o

1.08o/o

4.3lYo4.14o/o4.35%

0.98o/"4.09o/o
l.29Yo

1.30o/ol.25Yol.53Vo

1.32o/"

4.09Yo

1.20%

1.37Y"

3.77o/"
l.56Yo

1.28o/"1.28o/"134%
l.35Yo

4.00Y"
Maturity
Date
N/A
6^12024
N/AN/A
6/t/2024
61U2024
6/t5/20247/3t/2024
8/31t2024
911512024
9/30/2024
t0/15/2024lt/ls120241211512024
ll15/2025
2/28/202s
3t3ll202s
st3l/2025
6/3012025
9t3012025
t0t3t/2025
t2/3t/20251213U2025
llv2026
2/15/20262t25/2026
3l3l/2026st3U2026
6t30/2026
r0t3U2026
# Days to
Maturitv
N/A
I
N/AN/A
II
l5
6l92
107122
137168198
229273
304
36s395
487
518
579579
580
625
635
669
'130760883
r,078,9t3.271,s80,827.97
4,614.454,354.97
3,608,9s3.26
3,998,397.19
250,000.00
250,000.00250,000.00250,000.00
250,000.00250,000.00250,000.00250,000.00250,000.00
250,000.00250,000.00250,000.00
250,000.00250,000.00250,000.00
250,000.00250,000.00250,000.00
250,000.00250,000.00
250,000.00250,000.00250,000.00
250,000.00
1,078,913.27t,580,827.97
4,614.454,354.97
3,608,9s3.263,998,397.t9
249,492.t8249,062.s0248,671.88246,523.43247,421.88
245,742.18
246,601.ss244,375.00243,750.00242,578.13244,804.68
238,125.00
237,343.75
234,648.43
243,007.80
232,578.12
232,s78.13
24s,64t.r9
236,445.30231,601.s5
231,992.18
230,625.00230,664.0s
232,26s.63
1,078,913.27
1,580,827.97
4,614.454,354.9'l
3,608,953.263,998,397.19
23s,669.96
244,503.5s245,158.84245,359.46239,s86.84
233,0s6.64241,0s2.35250,079.39
237,350.47
248,740.00260,224.61241,660.01
239,598.86
240,265.00
242,136.63
241,95s.00
240,36s.00
250,641.19
250,595.69
242,113.19
244,459.30243,702-50244,82t.96227,869.30
CIIY OF CARPINTERIA TREASI]RER'S REPORT
For the Month Ended May 2O24
Treasury Note, 2Yq (91282U24)Treasury Note, l.25%ob O L282CDK4) Treasury Note, l.5o/o, (9 1282827 8)TreasuryNote, 2.250 (912828V98)Treasury Note, 2.5%ab en82CEF4) Treasury Note, 2.7 5o/o, (9 I282CEN7)TreasuryNote, 3.25o (91282CEW7) Treasury Note, 3.l25yob Q l282cFll9)Treasury Note, 4-l25%o, (91282C20)Treasury Note, 2.25%, (9128283F5) Treasury Note, 3.87 5o/o, (9 I282CGC9)Treasury Note, 4Yo, (9I282CGPO) Treasury Note, 3.625Yo5 QL282CGT2)Treasury Note, 4o/o, (91282C1{K0) Treasury Note, 4.l25Yob en82CHQ7)Treasury Note, 4.37 syo, (9 1282c1ry2) Treasury Note, 4.625%, (91282CJA0)Treasury Note, 4.87 5o/o, (9 I282CIF9) Treasury Note, 4.3750 (91282CJN2)Treasury Note, 3.7 5o/o, (9l282CIWi) Treasury Note, 4.2 5o/o, (9 I282CKD2)
U.S. GovemmentU.S. Government
U.S. GovernmentU.S. Govemment
U.S. GovernmentU.S. GovernmentU.S. Govemment
U.S. GovernmentU.S. GovemmentU.S. Government
U.S. GovernmentU.S. Govemment
U.S. GovernmentU.S. Government
U.S. GovernmentU.S. GovemmentU.S. Govemment
U.S. GovernmentU.S. Govemment
U.S. GovernmentU.S. Govemment
ll/rst2026lt/30/2026
l/31/2027
2/15120272/16/20274/30/20276/30/202'78/31/2027
t0/31/2027llltS/2027
t2/31/2027
2/29t20282/29/20283/31/20287/31/20288/31/2028913012028
10/3t/2028rr/30/2028r2/3t/2028
2/28/2029
250,000.00
250,000.00250,000.00250,000.00
250,000.00250,000.00
250,000.00250,000.00250,000.00
250,000.00250,000.00250,000.00
250,000.00250,000.00250,000.00
250,000.00250,000.00
250,000.00250,000.00
250,000.00250,000.00
234,179.68229,570.30
230,039.05
234,531.25235,664.05
236,992.t8240,078.13238,671.88
246,054.68231,328.13
244,023_43244,921.88241,640.63
244,804.68245,937.50
248,281.252s0,703.13253,242.18
248,476.55241,992.18
247,265.63
228,317_27
249,602.02
231,040.31
229,819.14
235,031.06241,094.62
245,668.t3238,232.21250,962.10
232,267.s0
248,750.00
249,990.24244,990.00248,593.75
249,920.00251,445.00
251,015.002s3,s83.99251,775.00
242,177.50247,505.21

4.3lYo

1.28o/o

3.640/o

4.29o/o396%3;170/"3.70o/"

4.t9%4.02o/o

4.01o/o4.|lyo3.99%

4.15o/o4.14o/o

4.13o/o4.23Yo

4.52o/o4.5t%

4.20o/o4.50Yo

4.48Yo
898913975990
991
1064tt2s
I 1871248
126313091369
13691400t522
15531583
t6t41644
16751734

21.526.061.11 21.110.999.02 21.228.806.90
REPORT ON COMPLIANCE IVITH STATEMEI.TT OF SAFEKEEPINGAND INVESTMENT OF PTIBLIC FUNDS The City is in compliance with the adopted Statement of Safekeeping and Investnent of Public Funds.

REPORT OF ABILITY TO MEET REQUIRED EXPENDITTIRES FOR THE NEXT SIX MONTHS WEIGHTED AVERAGE MATIIRITY OF PORTFOLIOAs of May 31, 2024 the weighted average days to maturity of the City's inveshrent portfolio is 2.25 years.FOOTNOTES TO REPORTIDEFIMTION OF TERMS:(l) The market value ofU.S. Goverment Securities was provided by the custodial agen! Charles Schwab.

For the Local Agency lnvestnent Fund the market value represents the contract value.

For all other investnents, the market value is equal to book value. (2\ Book value ofdemand deposits equals the bank balance minus outstanding checks plus deposits-in-tansit.

Par Value: Equals face value of security (value ofthe security when it reaches maturity).

Market Value: The last price for which a security was bought or sold. In this case, the value as of the last day of the month of this report.Book Value: The amount at which the security is carried in the City's accounting records (adjusted at year-end for GASB 40 reporting purposes).

City of Carpinteria
Cour.rcu- Aceruon Srlrr Reponr
July 8,2024

ITEM FOR COUNCIL CONSIDERATION
First Amendment to Vendor Agreement for Reoccurring Animal Control Services between the City of Carpinteria and Animal Medical Clinic for the period of April 2,2024, to April 1, 2025, with a not-to-exceed amount of $24,000 for the one-year term.

STAFF RECOMMENDATION
Authorize the City Manager to execute the First Amendment to a Vendor Agreement for reoccurring animal control services for the period from April 2, 2024 to April 1, 2025, for a not-to-exceed amount of $24,000 for the one-year term of the Agreement.

Sample Motion: I move to authorize the City Manager to sign the First Amendment to the Vendor Agreement for reoccurring animal control services for the period from April 2, 2024 to April 1,2025, for a not-to-exceed amount of $24,000 for the one-year term of the Agreement.
(motion requires a roll callvote)

BACKGROUND
As part of the Community Development Department's Code Compliance Division, animal control services are provided to the community. Recognizing the City lacks the proper facilities and staffing to provide all required animal control services in-house, the City has historicatly contracted with an outside service provider to assist in the provision of reoccurring animal control services to the community.

Since at least 2008, the City has contracted with Animal Medical Clinic (AMC) to provide these reoccurring animal control services to the City. Reoccurring animal control services are defined as including basic services (i.e., boarding facilities, supplies, animal attendants, supervisors, and administrative personnel), impound services, medical services, adoption services, euthanasia services, licensing services, emergency services, Animal Medical Clinic Agreement
July 8,2024

and additional services. This scope of services is more fully defined in Exhibit A, Scope of Services, to the original Vendor Agreement (Attachment A;.

The most recent one-year Vendor Agreement with AMC for reoccurring animal control services was entered into on April 1,2023 and expired on April 1,2024. The purpose of this agenda matter is to allow the Council to authorize renewal of the agreement for reoccurring animal control services with Animal Medical Clinic for one additional year (to April 1,2025).

DISCUSSION
ln April 2023, the City and AMC entered into a one-year Vendor Agreement (Attachment A) to provide reoccurring animal control services to the City. ihe one-year Vendor Agreement explained the scope of services covered by the Agieement and provided for. a compensation schedule of $t,600 per month base rate, with additional charges assessed on a per response basis for emergency or after-hours impound or boarding services call-outs. The executed Vendor Agreement stipulated that, upon mutual written agreement by both parties, the term of the VendorAgreement could be extended annually for an additional one year,
ln early spring 2024, in anticipation of the upcoming expiration of the most recent Vendor Agreement, staff contacted AMC to inquire whether they were interested in renewing or. re-negotiating a Vendor Agreement for the coming yea(s). Dr. Smith, owner of AMC, indicated he was amenable to extending the existing Vendor Agreement under the same terms for an additional one year. Accordingly, staff prepared i First Amendment to the original executed Vendor Agreement that would simply extend the term of the Agreement from April 1 , 2024 to April 1 , 20ZS (Attachment B).

The extension of the Agreement for one additional year, however, resulted in the total contract amount for the combined two-year term (not-to-exceed $48,000) exceeding the signing limit for a contract the City Manager may enter into without first obtaining Council authorization. Accordingly, this Amendment to the Vendor Agreement requires the Council's authorization to allow the City Manager to execute the First Amendment to the Vendor Agreement.

FINANCIAL CONSIDERATIONS
The City's continued contracting with AMC for reoccurring animal control services for a not-to-exceed amount of $24,000 has been allocated from the General Fund (101-341_ 5201) in the approved FY 2024-25 budget, so no additional appropriations are required going fonl.rard for the one-year term of the Amended Agreement.

Animal Medical Clinic Agreement
July 8,2024

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney has reviewed and approved the First Amendment to the Vendor Agreement for reoccurring animal control services as to form.

OPTIONS

1. Authorize the City Manager to execute the agreement for reoccurring animal control services for the period from April 2,2024 to April 1 ,2025, for not-to-exceed amount of $24,000 for the one-year term of the agreement (staff recommendation).

2. Authorize the City Manager to execute the Agreement with City Council modifications.

3. Receive staff report and choose not to execute the Agreement, and direct staff to explore other options for providing the subject reoccurring animal control services.

PRINCIPAL PARTIES EXPECTED AT VIRTUAL MEETING
M: Scott Smith, DVM, Owner, Animal Medical Clinic

ATTACHMENTS
Attachment A
Attachment B
Executed Vendor Agreement for reoccurring animal control services between the City of Carpinteria and Animal Medical Clinic First Amendment to Executed Vendor Agreement for Reoccurring Services
Prepared by: Nick Bobroff, Community Development Director (805) 7 55-4407, [email protected]
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4400, rvan [email protected]
Reviewed by: Michael Ramirez, City Manager
(805) 7 55-4450, [email protected]
AttachmentA.

Executed Vendor Agreement for
Reoccurring Animal Control Services with
Animal Medical Clinic
July 8,2024 City Council Meeting
Amendment to AMC Animal Control Services
Vendor Agreement
/Pau-a/?
City of Carpinteria

VENDOR AGREEMENT FOR REOCCURRING SERVICES
This VENDOR AGREEMENT FOR REOCCURING ANIMAL CONTROL SERVICES ("AGREEMENT) is made and entered into as of April 1,2023 (the "Effective Date"), by and between the City of Carpinteria a municipal corporation ("AGENCY"), and Animal Medical Clinic ("VENDOR").

RECITALS:

AGENCY wishes to retain the services of an experienced and qualified VENDOR to provide: Basic Services, lmpound Services, Medical Services, Adoption Services, Euthanasia Services, Licensing Services, Emergency Seryices, and Additional Services.

VENDOR represents and warrants that it is qualified to perform those services.

AGREEMENT:

I. SERVICES TO BE PERFORMED BY VENDOR
, VENDOR will provide the services listed in the Scope of Services attached hereto as Exhibit A. VENDOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.

TERM
Unless earlier terminated in accordance with Paragraph 4 below, the AGREEMENT will continue in full force and effect from the Effective Date through April 1 , 2A24. Upon mutual written AGREEMENT, the term of this AGREEMENT can be extended annually for an additional one (1) year period, or longer as the parties agree.

III. COMPENSATION
A. Vendor's Fee
For services rendered pursuant to this AGREEMENT, VENDOR will be paid in accordance with the Compensation Schedule attached hereto as Exhibit B, provided, however, that in no event will the total amount of money paid the VENDOR, for services initially contemplated by this AGREEMENT, exceed the sum of one thousand, six hundred ($1,600,00) ("Agreement Sum"), monthly unless othenalise first approved in writing by Vendor Agreements for
Reoccurring Services
Rev.2/23
AGENCY. Should this AGREEMENT be renewed, the VENDOR's fee may be adjusted upon the written AGREEMENT of the parties.

B. Schedule of Pavment
Provided the VENDOR is not in default under the terms of this AGREEMENT, upon presentation of an invoice, VENDOR will be paid the fees described in Paragraph 3.A. above, according to the Compensation Schedule. Payment will be due within thirty (30) days after the date of the invoice.

IV. TERMINATION OF AGREEMENT
A. The AGENCY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the VENDOR at least ten (10) days prior written notice. Upon receipt of said notice, the VENDOR shall immediately cease allwork under this AGREEMENT, unless the notice provides otherwise. lf the AGENCY suspends or terminates a portion of this AGREEMENT, such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.
ln the event this AGREEMENT is terminated pursuant to this Section, the AGENCY shall pay to VENDOR the actual value of the work perforrned up to the time of termination, provided that the work performed is of value to the AGENCY. Upon termination of the AGREEMENT pursuant to this Section, the VENDOR will submit an invoice to the AGENCY pursuant to Section 3.

V. FORCE MAJEURE
lf any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmentalcontrol, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused for a period equal to the period of such cause for failure to perform.

VI. RETENTION OF FUNDS
vENDoR authorizes AGENCY to deduct from any amount payable to VENDoR (whether or not arising out of this AGREEMENT) any amounts the payment of which may be in dispute or that are necessary to compensate AGENCY for any Vendor Agreements for
Reoccurring Services
Rev.2123
vil.
losses, costs, liabilities, or damages suffered by AGENCY, and all amounts for which AGENCY may be liable to third parties, by reason of VENDOR's acts or omissions in performing or failing to perform VENDOR's obligations under this AGREEMENT. ln the event that any claim is made by a third party, the amount or validity of which is disputed by VENDOR, or any indebtedness exists that appears to be the basis for a claim of lien, AGENCY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of AGENCY to exercise the right to deduct or to withhold will not, however, affect the obligations of VENDOR to insure, indemnif,, and protect AGENCY as elsewhere provided in this AGREEMENT.

AGENCY REPRESENTATIVE
Ron Alonzo (Code Compliance Supervisor) is designated as the "AGENCY Representative", authorized to act in its behalf with respect to the work and seruices specified in this AGREEMENT and to make alldecisions in connection with this AGREEMENT. Whenever approval, directions, or other actions are required by AGENCY under this AGREEMENT, those actions wilt be taken by the AGENCY Representative, unless otherwise stated. The AGENCY's Chief Executive has the right to designate another AGENCY Representative at any time, by providing notice to VENDOR.

VIII. VENDOR REPRESENTATIVEfSI
The following principal(s) of VENDOR are designated as being the principal(s) and representative(s) of VENDOR authorized to act in its behalf with respect to the work specified in this AGREEMENT and make all decisions in connection with this AGREEMENT:

M. Scott Smith, D.V.M.

IX. INDEPENDENT CONTRACTOR
The VENDOR is, and at alltimes will remain as to AGENCY, a wholly independent contractor. Neither AGENCY nor any of its officials, employees or agents will have control over the conduct of the VENDOR or any of the VENDOR's employees, except as otherwise set forth in this AGREEMENT. The VENDOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of AGENCY.

X. BUSINESS LICENSE
The VENDOR must obtain an Agency business license prior to the start of work under this AGREEMENT, unless VENDOR is qualified for an exemption.

Vendor Agreements for
Reoccurring Services
Rev.2/23
xt. orHER L|GENSES AND PERMTTS
VENDOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this AGREEMENT. xll. vENDoR's AccoUNTING REGoRDS: orHER PRoJEcr REGoRDS Records of the VENDOR's time pertaining to the project, and records of accounts between AGENCY and the VENDOR, will be kept on a generally recognized accounting basis. VENDOR will also maintain all other records, including without limitation specifications, drawings, progress reports and the like, relating to the project. All records will be available to AGENCY during normal working hours.

VENDOR will maintain these records for three (3) years after final payment.

XIII. INDEMNIFICATION
VENDOR shall indemnifiT, defend, and hold harmless the AGENCY, and its officers, employees and agents, from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels' fees and costs of litigation ("claims"), arising out of the vENDoR's performance of its obligations under this AGREEMENT or out of the operations conducted by VENDOR, including the AGENCY's active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the AGENCY. ln the event the AGENCY indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from VENDOR's performance of this AGREEMENT, the VENDOR shall provide a defense to the AGENCY indemnitees or at the AGENCY's option, reimburse the AGENCY indemnities their costs of defense, including reasonable legal fees, incurred in defense of such claims.

Payment by AGENCY is not a condition precedent to enforcement of this indemnity. ln the event of any dispute between vENDoR and AGENCY, as to whether liability arises from the sole negligence of the AGENCY or its officers, employees, or agents, vENDoR will be obligated to pay for AGENCY's defense until such time as a finaljudgment has been entered adjudicating the AGENCY as solely negligent. vENDoR will not be entiiled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.

NON.LIABILITY OF AGENCY OFFICERS AND EMPLOYEES
No officer or employee of AGENCY will be personally liable to VENDOR, in the event of any default or breach by the AGENCY or for any amount that may become due to VENDOR.

Vendor Agreements for
Reoccurring Services
xtv.

Rev.2/23
xv INSURANCE
Without limiting VENDOR's indemnification of AGENCY, and prior to commencement of Work, VENDOR shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts diescribed below and in a form that is satisfactory to AGENCY.

General liability insurance. VENDOR shall maintain commercialgenerat liability insurance with Coverage at least as broad as lnsurance Services Office form CG O0 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard lsO "insured contract" language will not be accepted.

Automobile liability insurance. VENDOR shall maintain automobile insurance at least as broad as lnsurance Services Office form CA OO 01 covering'bodily injury and property damage for all activities of the VENDOR arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident' Umbrella or excess liability insurance. lOptionaldepending on limits required] VENDOR shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercialgeneral liability and employer's liability. Such policy or policies shall include the following terms and conditions:
o A dropdown feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
o Pay on behalf of wording as opposed to reimbursement; r Concurrency of effective dates with primary policies; o Policies shall "follow form" to the underlying primary policies; and o lnsureds under primary policies shall also be insureds under the umbrella or excess policies.

Workers' compensation insurance. VENDOR shall maintain Workers' Compensation lnsurance (Statutory Limits) and Employer's Liability lnsurance (with limits of at least $1,000,000).

Vendor Agreements for
Reoccurring Services
Rev.2123
VENDOR shall submit to AGENCY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of AGENCY, its officers, agents, employees and volunteers.

Vendor Agreements for
Reoccurring Services
Rev.2123
Other provisions or requirements
Proof of insurance. VENDOR shall provide certificates of insurance to AGENCY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. lnsurance certificates and endoriements must be approved by AGENCY's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with AGENCY at alltimes during the term of this contract. AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. VENDOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by VENDOR, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage proviled by VENDOR shall be primary and any insurance or self-insurance procured or maintained by AGENCY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance' Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of AGENCY before the AGENCY's own insurance or self-insurance shall be called upon to protect it as a named insured.

Agency's rights of enforcement. ln the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by VENDOR or AGENCY will withhold amounts sufficient to pay premium from VENDOR payments. ln the alternative, AGENCY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the lnsurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line lnsurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class Vll (or larger,) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the AGENCY's Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against AGENCY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow VENDOR or others providing insurance evidence in Vendor Agreements for
Reoccurring Services
Rev. 2/23
compliance with these specifications to waive their right of recovery prior to a loss. VENDoR hereby waives its own right of recovery against AGENCY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). vENDoR acknowledges and agrees that any actual or alleged failure on the part of the AGENCY to inform vENDoR of non-compliance with any requirement imposes no additional obligations on the AGENCY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. lf the VENDOR maintains higher limits than the minimums shown above, the AGENCY requires and shall be entitled to coverage for the higher limits maintained by the VENDOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the AGENCY.

Notice of cancellation. VENDOR agrees to oblige its insurance agent or broker and insurers to provide to AGENCY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shallprovide or be endorsed to provide that AGENCY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to AGENCY and approved of in writing.

Separation of insureds. A severability of interest provision must apply for all additional insureds ensuring that VENDOR's insurance shalt apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. VENDOR agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by VENDoR, provide the same minimum insurance Vendor Agreements for
Reoccurring Services
Rev. 2/23
xvr.
coverage and endorsements required of VENDOR. VENDOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section' VENDOR agrees that upon request, aIIAGREEMENTS with consultants, subcontractors, and others engaged in the project will be submitted to AGENCY for review.

Agency's right to revise specifications. The AGENCY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the VENDOR ninety (90) days advance written notice of such change. lf such change results in substantial additional cost to the VENDOR, the AGENCY and VENDOR may renegotiate VENDOR's
compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by AGENCY. AGENCY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by AGENCY.

Timely notice of claims. VENDOR shall give AGENCY prompt and timely notice of claims made or suits instituted that arise out of or result from VENDOR's performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. VENDOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

SUBCONTRACTORS
Before VENDOR retains or hires a subcdntractor to provide any work, labor, or services relative to this AGREEMENT, VENDOR must:

A. Present the name and identifying information of the subcontractor that will provide any work, labor, or services to AGENCY;
B. Present to the AGENCY the form of subcontract that will be used with the subcontractor for AGENCY's approval, which approval will not be unreasonably withheld. Such subcontract AGREEMENT must include an indemnity agreement that is generally in accord with the indemnity obligations contained in Paragraph 13 of this AGREEMENT and must specifically name the AGENCY as an indemnified party; and C. Secure from the subcontractor evidence of insurance coverage that meets with this AGREEMENT including naming the AGENCY as an additional insured as required by this AGREEMENT, unless such requirement is Vendor Agreements for
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waived in writing by the AGENCY Risk Manager as provided in Paragraph 17 below.

XVII. CONFLICT OF INTEREST
No officer or employee of the AGENCY may have any financial interest, direct or indirect, in this AGREEMENT, nor may any officer or employee participate in any decision relating to the AGREEMENT that effects the officer or employee's financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.

No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
xvilt. NoTtcE
All notices, requests, demands, or other communications under this AGREEMENT will be in writing. Notice will be sufficiently given for all purposes as follows:

Personal delivery. When personally delivered to the recipient; notice is effective on delivery.

First Class mail. When mailed first class to the last address of the recipient known to the party giving notice; notice is effective three mail delivery days after deposit in a United States Postal Service otfice or mailbox.

C. Certified mail. When mailed certified mail, return receipt requested; notice is effective on receipt, if delivery is confirmed by a return receipt.

D. Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account; notice is effective on delivery, if delivery is confirmed by the delivery service.

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B.

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E. Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice; notice is effective on receipt.

Any notice given by fax will be deemed received on the next business day if itis received after 5:00 p.m. (recipient's time) or on a non-business day.

Addresses for purpose of giving notice are as follows
To AGENCY: City of Carpinteria
5775 nteria Ave
Carpinteria,CA 93013
Attention: David Durflinger, City Manager
To VENDOR: Animal Medical Clinic
1037 Casitas Pass Road
Carointe cA s3013
Attention: M. Scott Smith, D.V.M.
l.r.

Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.

Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this AGREEMENT.

Any change in address or fax number that is not provided to the other party will not void delivery of any notice under this AGREEMENT, and delivery to the last known address or fax number shall be deemed sufficient for notice under this AGREEMENT.

PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This AGREEMENT and all exhibits are binding on the heirs, successors, and assigns of the parties. The AGREEMENT may not be assigned or subcontracted by either AGENCY or VENDOR without the prior written consent of the other. xx. INTEGMTION: AMENDMENT
This AGREEMENT represents the entire understanding of AGENCY and VENDOR as to those mafters contained in it. No prior oral or written understanding will be of any.force or effect with respect to the terms of this AGREEMENT. The AGREEMENT may not be modified or altered except in writing signed by both parties.

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xtx.

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xxt. INTERPRETATION
xxil.

The terms of this AGREEMENT should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction that might othenruise apply.

SEVERABILITY
xxv
xxvt.
lf any part of this AGREEMENT is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the AGREEMENT will remain in full force and effect.
xxilt. T|ME OF FSSENCE
Time is of the essence in the performance of this AGREEMENT xXlV. GOVERNING LAW: JUR|SD|CT|ON
This AGREEMENT will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the AGREEMENT will be in a court of competent jurisdiction within the county in which AGENCY is located.
coMPLtANpE W|TH STATUTES AND REGULATIONS
VENDOR will be knowledgeable of and will comply with all appticable federal, state, county and city statutes, rules, regulations, ordinances and orders.

WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver.

A party's consent or approval of any act by the other party requiring the party's consent or approval will not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this AGREEMENT.

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XXVII. ATTORNEY'S FEES
Except as provided for in Paragraph 15, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this AGREEMENT (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this AGREEMENT, the prevailing party will be awarded reasonable attorney's fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment, including post judgment attorney's fees costs and expenses and any attorneys'fees or costs incurred on appeal of any judgment.

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xxvilt. EXHIBITS
All exhibits identified in this AGREEMENT are incorporated into the AGREEMENT by this reference.
xxtx. vENpoR's AUTHOR|TY TO EXECUTE
The persons executing this AGREEMENT on behalf of the VENDOR warrant that (i) the VENDOR is duly organized and existing under the appropriate State laws; (ii) they are duly authorized to execute this AGREEMENT on behalf of the VENDoR; (iii) by so executing this AGREEMENT, the vENDoR is formally bound to the provisions of this AGREEMENT; and (iv) the entering into this AGREEMENT does not violate any provision of any other AGREEMENT to which the VENDOR is
VENDOR:

By:

AGENGY: Cig of Carpinteria
A Mun
Du City Manager
ATTEST:

Agency C
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APPROVED AS TO FORM:

Agency
By:

Jen S Acos, City Aftorney
Attachments: Exhibit A
Exhibit B
Scope of Services
Compensation Schedule
k
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EXHIBIT A

SCOPE OF SERVICES
Basic Seryices. AMC shall provide the following services including boarding facilities, supplies, animal attendants, supervisors and administrative personnel, and any other equipment, supplies and personnel reasonably required to perform the following services.
lmpound Seruices. AMC shall make boarding facilities available to the City of Carpinteria and shall provide impound and boarding services for stray, abandoned, impounded or lost animals found in the incorporated area of Carpinteria. Members of the public may surrender stray, abandoned, impounded or lost animals found in the incorporated area of Carpinteria directly to Animal Medical Clinic during Animal Medical Clinic's business hours. Upon receipt of such an animal, Animal Medical Clinic shall inform the City of Carpinteria by contacting the Code Compliance Supervisor and providing a description of the animal and if applicable the location where it was found.

The City of Carpinteria may transfer stray, abandoned, impounded or lost animals in its possession to the Animal Medical Clinic.

Medical Seruices. Animal Medical Clinic shall provide medical services to treat and provide veterinarian care to stray, injured or sick animals impounded at Animal Medical Clinic. Animal MedicalClinic shallquarantine biting animals and animals suspected of carrying rabies, and provided vaccination services to animals impounded at Animal Medical Clinic.

L
Adoption Services. During Animal Medical Clinic business hours, Animal Medical Clinic shall provide for the surrender and reclaim of stray, abandoned, impounded or lost animals. Further, during Animal Medical Clinic business hours, Animal Medical Clinic shall make impounded animals available for adoption, to the extent permissible by law. Cats and other animals shall be made available for adoption pursuant to applicable law, including Food and Agricultural Code 31751et seq. Dogs shall be madd available for adoption pursuant to applicable law, including Food and Agricultural Code 30503 and 31101 et seq. Any animal relinquished by the purp.orted owner shall be held for the same holding periods, except relinquished kittens or puppies may be available immediately for adoption. Animal Medical Clinic shall use its best efforts to advertise the opportunity to adopt animals. Means of advertisement for adoption shall be via the City of Carpinteria Scroll or website and/or The Coastal View and public outreach at animal Medical Clinic.

Euthanasia Services. Animal Medical Clinic may euthanize, as necessary, animals impounded at Animal Medical Clinic that are unclaimed by their owners and fail to be adopted, provided that the euthanasia complies with applicable law. Animal Medical Clinic shall provide dad animal disposal of such euthanized animals.

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Licensing Services. Animal Medical Clinic shall issue dog licenses upon request.

Emergency Services. After Animal Clinic business hours, Animal Clinic shall, when available receive emergency call from City of Carpinteria Staff and members of the public about stray, abandoned, impounded or lost animals found in the incorporated area of Carpinteria in need of medical attention. Animal Medical Clinic shall respond to said emergency calls by providing impound services as described in the impound services sectioh. lf emergency medical seruices (i.e., surgery) are necessary and an owner of the animal cannot be found, Animal Medical Clinic shall immediately notify the City of Carpinteria and provide an estimate of the costs to provide such services in wriiing whenever possible. The City of Carpinteria shall promptly make a determination whether or not to approve the emergency medical services and shall inform Animal Medical Clinic of its decision in writing whenever possible. Notwithstanding the foregoing, if after diligent effort Animal Medical Clinic is unable to obtain a response trom tne City of Carplnteria regarding approval of the emergency medical services and action must be taken, Animal MeOicat Clinic shall exercise its professionaljudgement in providing services and shall carry out those actions which would best advance the animal's interest.

Additional Services. The City of Carpinteria may elect to have Animal Medical Clinic perform additional services beyond the basic servicers referenced above, but within the expertise of Animal Medical Clinic. Such additional services shall be mutually agreed to in advance and specified in a writing, which shall also specify the basis for Animal Medical Clinic's fee for such additional services.

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EXHIB.IT B.

COMPENSATION SCHEDULE
Basic Services. For provision of the impound, medical, adoption and euthanasia services described herein, City of Carpinteria shall pay Animal Medical Clinic $ 1,600 per month as full compensation for all labor, materials, equipment, tools, transportation and services rendered. For the provision of emergency impound services that occurs between the hours of 6:00 P.M. to 7:30 A.M., including weekends, City of Carpinteria shall pay Animal Medical Clinic $ 200 per response, that requires veterinarian emergency medical services. Animal Medical Clinic shall also provide a staff to respond to afterhours call regarding a stray, abandoned, impounded or lost animal found in the incorporated area of Carpinteria in order to provide temporary boarding services in the event a Code Compliance Officer is unavailable. City of Carpinteria shall pay Animal Medical Clinic responder $25lhour, per response, minimum of 2 hours per response.

Fee incurred by Animal Medical Clinic in providing emergency medical services shall be billed to the animal's owner. lf an owner cannot be identified, City of Carpinteria shall pay Animal Medical Clinic those fees incurred by Animal Medical Clinic in providing emergency medical services that the City of Carpinteria approved in advance or that Animal Medical Clinic incurred after diligently attempting to gain such approval. For provision of licensing services, City of Carpinteria shall pay Animal Medical Clinic $5.00 for each dog license issued.

Additional Services. Animal Medical Clinic shall not be compensated for any services rendered in connection with their performance of this agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing in the method provided for herein. Animal Medical Clinic will submit fee estimates for such additional services upon request of city of Carpinteria. lnvoices. Each and every payment by the City of Carpinteria shall be subject to the Gity's receipt of an invoice outlining the items for which payment is requested along with a detailed kennel report of the handling and disposition of all animals turned in by a resident or employee of the City of Carpinteria. A separate invoice shall be mailed monthly for dog licenses issued. lf the City of Carpinteria disputes any of Animal Medical Glinic fees, it shall give written notice to Animal Medical Glinic within thirty (30) days of receipt of an invoice of such disputed fees. Compensation for services rendered will be paid by the City of Carpinteria within thirty (30) days of receipt of the monthly invoice.

Withholdinq. City reserves the right to notify Animal Medical Clinic if any aspect of Animal Medical Clinic's work is found to be substantially inadequate. The City of Carpinteria shall immediately notify Animal Medical Clinic in writing of the deficiencies believed to be substantially inadequate and no more than ten days after receipt of service.

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Taxes/lnsurance/Licenses. Animal Medical Clinic shall be solely responsible for the payment of any federal, state or local income tax, social security tax, workers' compensation insurance, state disability insurance and any other taxes or insurance which Animal Medical Clinic is responsible for paying as an independent contractor under federal, state or local law. At all times during the term of this agreement, Animal Medical Clinic shall have in full force and effect all licenses necessary for the performance of the services contemplated herein, including, without limitation, business licensing from City of Carpinteria, all at the sole cost of Animal Medical Clinic.

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Attachment B.

Proposed First Amendment to Executed
Vendor Agreement for Reoccurring Animal
Control Services
July 8,2024 City Council Meeting
Amendment to AMC Animal Control Services
Vendor Agreement

FIRST AMENDMENT TO CITY OF CARPINTERIA

VENDOR AGREEMENT FOR REOCCURRING SERVICES
This First Amendment ("Amendment") is entered.into effective as of April 2,2024 ("Effective Date") by and between the City of Carpinteria ("City"), a municipal corporation, and Animal Medical Clinic ("Vendor"), with reference to the following facts:

RECITALS
WHEREAS, on or about April 1 ,2023, City and Vendor entered,into a Vendor Agreement for Recurring Services (Agreement 42023-013 or "Original Agreement") whereby Vendor agreed to provide Basic Services, lmpound Services, Medical Services, Adoption Services, Euthanasia Services, Licensing Services, Emergency Services, and Additional Services for Compensation detailed in Section lll of the Original Agreement; and
WHEREAS, the City and Vendor desire to amend the Original Agreement on the same terms, but with an extension of time pursuant to Section ll in the Original Agreement.

NOW THEREFORE, in consideration of mutual obligations of the parties set forth in the OriginalAgreement, City and Vendor agree as follows:

The Recitals are true and correct and incorporated herein The Effective Date of April 1,2023 that is stated in the OriginalAgreement is hereby modified so that the revised Effective Date shall be Aoril2.2O24.

Section ll of the Original Agreement is amended to read as follows:
"Unless earlier terminated in accordance with Paragraph 4 below, the AGREEMENT will continue in full force and effect from the Effective Date through April 1 ,2025. Upon mutual written AGREEMENT, the term of this AGREEMENT can be extended annually for an additional one (1) year period, or longer as the parties agree."
Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

The person executing this Amendment on behalf of Vendor warrants (a) Vendor is duly organized and existing under the appropriate State and local laws; (2) he is duly authorized to execute this Amendment on Vendor's behalf; (3) by so executing this Amendment, the Vendor is formally bound to the provisions of this Amendment, and (4) entering into this Amendment does not violate any provision of any other agreement to which the Vendor is bound.
1 2
3 4
5 28028491.1
VENDOR
Animal Medical Clinic
M. Scott Smith, D.V.M

CITY OF CARPINTERIA
Michael Ramirez
City Manager
ATTEST:

Brian C. Barrett, CMC, CPMC
City Clerk
28028491,1
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
July 8, 2024

ITEM FOR COUNCIL CONSIDERATION
Second reading of Ordinance No. 778, amending Chapter 8.52 (SMOKING REGULATIONS) of the Carpinteria Municipal Code to, among other changes, regulate smoking in multi-unit housing developments, and update requirements for tobacco retail signage and smoking prohibitions in hotels in accordance with State law.

STAFF RECOMMENDATION
Adopt Ordinance No. 778 (second reading), amending Carpinteria Municipal Code Chapter 8.52, Smoking Regulations.

Sample Motion: I move to adopt Ordinance No. 778, as read by title only. (This motion requires a roll call vote.)

BACKGROUND
On April 12, 2021, Future Leaders of America (“FLA”) presented to the City Council, requesting that they consider amending Carpinteria's smoking regulations to ban smoking in multi-unit housing developments. The Council was in favor of placing the item on a future agenda for further consideration. Consequently, staff returned to the Council on June 28, 2021, to present information to the Council concerning smoking in multi-unit housing developments. The Council then directed staff to come back with options for limiting smoking in multi-unit housing for their consideration at a future meeting.

On March 11, 20241, staff presented the draft of Ordinance No. 778 to the Council.

Following positive public feedback from a community member and members of FLA, the Council directed staff on specific aspects of the proposed ordinance. After the March 11th hearing, staff engaged with the Santa Barbara County Public Health Department, FLA representatives, and the Public Health Law Center to discuss and incorporate feedback on revisions to the proposed ordinance language.
1 https://carpinteria.granicus.com/player/clip/1404?view_id=2&redirect=true Second Reading of Ordinance No. 778
July 8, 2024 City Council Meeting

Staff returned to the City Council on June 24, 20242to introduce the proposed Ordinance upon first reading. The revised Ordinance included a ban on smoking in multi-unit residences, as defined, starting July 1, 2025, and updated requirements for signage at tobacco retail locations, as well as revised smoking regulations for hotels to align with current State law. One member of the public and several members of FLA spoke in favor of the proposed Ordinance. The Council unanimously supported the proposed changes and voted to approve proposed Ordinance No. 778 (Attachments A and B) as presented (vote 5-0).

DISCUSSION
With the exception of correcting two non-substantive typographical errors, the proposed Ordinance No. 778 (Attachments A and B) remains unchanged from the version approved upon first reading by the City Council at their June 24th meeting. For a comprehensive discussion of the research, public input, and final changes that went into Ordinance No. 778, please refer to the June 24, 2024 staff report3(Item 8).

POLICY CONSISTENCY
The City is a general law city with the authority to consider and implement new laws applicable to its jurisdiction that do not conflict with State law. Consideration of laws to protect public health, welfare and safety is within the purview of the City.

FINANCIAL CONSIDERATIONS
No Additional Funding Requested. Minimal staff time to prepare the report is included in the FY 2023-24 and FY 2024-25 General Fund Budgets. Involvement of Code Compliance staff in any outreach/education or enforcement efforts related to the proposed Ordinance would fall under the general duties and adopted budget for the Community Development Department.

ENVIRONMENTAL REVIEW
Proposed Ordinance No. 778 would be exempt from review under the California Environmental Quality Act (“CEQA”) in accordance with California Environmental Quality Act Guidelines Section 15060(c)(2), which applies where an activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; Section 15060(c)(3), which applies where an activity is not a “project” as defined in Section 15378 of the CEQA Guidelines; and Section 15061(b)(3), which applies where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. A Notice of Exemption is provided as Attachment C. 2 https://carpinteria.granicus.com/player/clip/1465?view_id=2&redirect=true 3 https://carpinteria.granicus.com/MetaViewer.php?view_id=2&clip_id=1465&meta_id=93270 Second Reading of Ordinance No. 778
July 8, 2024 City Council Meeting

LEGAL AND RISK MANAGEMENT CONSIDERATIONS
The City Attorney's Office has worked closely with staff in the development of Ordinance No. 778 and will be available to answer questions about the Ordinance.

OPTIONS

1. Adopt Ordinance No. 778 (second reading), amending Chapter 8.52, Smoking Regulations, of the CMC. (Staff recommendation)

2. Direct Staff to revise Ordinance No. 778 and bring the matter back at a later date for further consideration.

3. Elect not to adopt Ordinance No. 778 and provide staff with further direction.

PRINCIPAL PARTIES EXPECTED AT MEETING
Representatives from Future Leaders of America, potentially affected landlords, members of HOAs, and tenants and residents of multi-unit residential developments.

ATTACHMENTS
Attachment A - Ordinance No. 778 (clean)
Attachment B - Ordinance No. 778 (changes shown)
Attachment C – Notice of Exemption
Staff contact: Mindy Fogg, Principal Planner
(805) 755-4408, [email protected]
Signature
Reviewed by: Nick Bobroff, Community Development Director (805) 755-4407, [email protected]

Signature
Reviewed by: Ryan Kintz, Assistant City Manager
(805) 755-4450; [email protected] Signature
Reviewed by: Michael Ramirez, City Manager
(805) 755-4400, [email protected] Signature
Attachment A.

Proposed Ordinance No. 778 (Clean)
Amending Chapter 8.52 of the Municipal Code to Regulate Smoking
Smoking Regulations
July 8, 2024 City Council Meeting
ORDINANCE NO. 778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, AMENDING IN ITS ENTIRETY CHAPTER 8.52 (SMOKING

REGULATIONS) OF THE CARPINTERIA MUNICIPAL CODE
WHEREAS, the City of Carpinteria (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke1 and the California Air Resources Board identified secondhand smoke as a toxic air contaminant for which there is no safe level of exposure;
2 and
WHEREAS, secondhand smoke is responsible for an estimated 34,000 heart disease-related and 7,300 lung cancer-related deaths among adult nonsmokers each year;
3 and
WHEREAS, in children, secondhand smoke causes ear infections, more frequent and severe asthma attacks, respiratory infections, and increases the risk of Sudden Infant Death Syndrome (SIDS); and
WHEREAS, several studies indicate that secondhand cannabis smoke has been identified as a health hazard. This finding is supported by the following objective studies:
• The California Environmental Protection Agency includes cannabis smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer;4 • Cannabis smoke contains at least 33 known carcinogens;5 • In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible levels of cannabinoids in non-smoker participants’ blood and urine, 1 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health (2006) available at:
https://www.ncbi.nlm.nih.gov/books/NBK44324/pdf/Bookshelf_NBK44324.pdf (accessed February 28, 2024). 2 Air Resources Board, California Environmental Protection Agency. Frequently Asked Questions — Environmental Tobacco Smoke, available at: https://ww2.arb.ca.gov/our-work/programs/environmental-tobacco-smokeidentified-toxic-air-contaminant (accessed February 28, 2024). 3 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at: https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf (accessed February 28, 2024).
4 California Environmental Protection Agency. Evidence on the Carcinogenicity of Cannabis Smoke. Sacramento, CA:

California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, Reproductive and Cancer Hazard Branch (2009) available at: https://oehha.ca.gov/media/downloads/proposition65/chemicals/finalmjsmokehid.pdf (accessed February 28, 2024). 5 Id.

Ordinance No. 778

and participants experienced minor increases in heart rate and impaired cognitive performance;6
• A recent systematic review of the literature concluded that secondhand exposure to cannabis smoke leads to cannabinoid metabolites in bodily fluids and individuals experiencing self-reported psychoactive effects;7 and WHEREAS, medical cannabis is known to help patients address symptoms related to glaucoma, epilepsy, arthritis, and anxiety disorders, among other illnesses, 8 and under the Compassionate Use Act of 1996, doctors may recommend the medical use of cannabis to a patient; and
WHEREAS, in addition to secondhand smoke from tobacco products, exposure to electronic smoking device aerosol may be considered a health hazard and has immediate impacts on the human respiratory and cardiovascular system, posing a risk to human health, as evidenced by the following:
• Research has found at least twelve chemicals in electronic smoking device aerosol known to the State of California to cause cancer, birth defects, or other reproductive harm,9 such as formaldehyde, acetaldehyde, lead, nickel, chromium, arsenic, and toluene;10 • Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke;11
• Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and poses a risk to human health;12
6 Herrmann, ES, Cone, EJ, Mitchell, JM, et al. Non-Smoker Exposure to Secondhand Cannabis Smoke II: Effect of Room Ventilation on the Physiological, Subjective, and Behavioral/Cognitive Effects. Drug Alcohol Depend. (2015) 151:194–202. Doi: 10.1016/j.drugalcdep.2015.03.019, available at https://www.sciencedirect.com/science/article/abs/pii/S037687161500160X?via%3Dihub. 7 Holitzki H, Dowsett LE, Spackman E, Noseworthy T, Clement F. Health effects of exposure to second- and thirdhand marijuana smoke: a systematic review. CMAJ Open. 2017;5(4):E814-E822. doi:10.9778/cmajo.20170112. 8 National Academies of Sciences, Engineering, and Medicine. “4. Therapeutic Effects of Cannabis and Cannabinoids.” The Health Effects of Cannabis and Cannabinoids: The Current State of Evidence and Recommendations for Research. (2017). https://www.ncbi.nlm.nih.gov/books/NBK425767/ 9 Office of Environmental Health Hazard Assessment, California Environmental Protection Agency, The Proposition 65 list. https://oehha.ca.gov/proposition-65/proposition-65-list (accessed February 28, 2024); California Tobacco Control Program, California Department of Public Health. State Health Officer’s Report on E-Cigarettes: A Community Health Threat (2015) available at: www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/ CDPH%20Document%20Library/Policy/ElectronicSmokingDevices/StateHealthEcigReport.pdf; National Academies of Sciences, Engineering, and Medicine. Public Health Consequences of E-Cigarettes (2018) Washington, DC: The National Academies Press available at: https://www.nap.edu/catalog/24952/public-health-consequences-of-ecigarettes 10 Fowles J, Barreau T, Wu N. Cancer and Non-Cancer Risk Concerns from Metals in Electronic Cigarette Liquids and Aerosols. Int J Environ Res Public Health (2020) 17(6):2146. doi: 10.3390/ijerph17062146. 11 Public Health Consequences of E-Cigarettes, supra.
12 Id.

Ordinance No. 778

• Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure resulting in addiction and other harmful consequences is a serious concern;13
• Indoor air experts and health authorities, including the U.S. Surgeon General, American Society of Heating Refrigerating and Air Conditioning Engineers, and the State of California Tobacco Education and Research Oversight Committee (TEROC), all support inclusion of electronic smoking devices in regulations of smoking and other tobacco product use; 14 and
WHEREAS, research demonstrates that secondhand smoke in multi-unit residences or common interest developments can and does transfer between units, creeping under doorways and through wall cracks;15 and
WHEREAS, the U.S. Surgeon General has concluded that eliminating smoking in indoor spaces is the only way to fully protect nonsmokers from secondhand smoke exposure; and that separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely prevent secondhand smoke exposure;16 and WHEREAS, several studies have confirmed that smoke-free multi-unit residence policies are an effective method to reduce secondhand smoke exposure in multi-unit residences; and
WHEREAS, secondhand smoke in multi-unit residences is a significant threat to the health and safety of California children;
17 and
WHEREAS, research consistently demonstrates that a majority of tenants in multi-unit residences, including a large portion of smokers, supports smoke-free policies in multi-unit residences, and that support is even greater among residents with children; and
WHEREAS, 100 California cities and counties have adopted smoke-free multiunit residence ordinances; 18 and
13 Id.
14 U.S. Department of Health and Human Services. E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. (2016) available at: https://www.ncbi.nlm.nih.gov/books/NBK538680/ 15 DiGiacomo SI, Jazayeri MA, Barua RS, Ambrose JA. Environmental Tobacco Smoke and Cardiovascular Disease, Int J Environ Res Public Health (2018) 16(1):96. doi: 10.3390/ijerph16010096. 16 The Health Consequences of Involuntary Exposure to Tobacco Smoke. A Report of the Surgeon General (2006) supra.
17 Centers for Disease Control and Prevention (CDC). CDC Vital Signs — Secondhand Smoke: An Unequal Danger. (February 2015) available at: www.cdc.gov/vitalsigns/pdf/2015-02-vitalsigns.pdf (accessed April 10, 2023). 18 American Nonsmoker’s Rights Foundation, U.S. Laws for 100% Smokefree Multi-Unit Housing (January 1,2024) available at http://no-smoke.org/wp-content/uploads/pdf/smokefreemuh.pdf.

Ordinance No. 778

WHEREAS, there is no Constitutional right to smoke; and WHEREAS, California law declares that anything which is injurious to health or obstructs the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance; and
WHEREAS, there are significant savings from adopting a smoke-free multi-unit housing policy, as evidenced by the following:
• Prior to implementation, the U.S. Department of Housing and Urban Development’s smoke-free public housing policy was conservatively estimated to produce an annual savings of 4 to 8 million dollars a year for U.S. public housing authorities in renovation-related costs,19 and 30 to 109 million dollars per year in health care costs in California alone;20 • Implementing statewide smoke-free policies in multi-unit housing properties would save property owners in California an estimated $18.1 million in renovation expenses each year;21 and
WHEREAS, local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance; and
WHEREAS, State law allows local governments to adopt ordinances that permit residential rental agreements to prohibit smoking tobacco products within rental units; and
WHEREAS, State law prohibits smoking within 25 feet of playgrounds as well as within 20 feet of government buildings and expressly authorizes local communities to enact additional restrictions; and
WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and WHEREAS, California Business and Professions Code section 22952 raised the minimum age limit to purchase tobacco or tobacco-related products to 21 years of age in California; and
WHEREAS, California Business and Professions Code section 22952(b) establishes that retailers of tobacco products are required to post conspicuously, at each point of purchase, notices with specific requirements; and 19 McFarlane A, Djoko Y, Woodward A. Instituting Smoke-Free Public Housing: An Economic Analysis, Cityscape, 2017;19(3):435-448. Available at: https://www.huduser.gov/portal/periodicals/cityscpe/vol19num3/ch24.pdf. 20 King BA, Peck RM, Babb SD. National and State Cost Savings Associated with Prohibiting Smoking in Subsidized and Public Housing in the United States, Prev Chronic Dis. 2014;11:E171. doi: 10.5888/pcd11.140222. 21 Ong MK, Diamant AL, Zhou Q, Park HY, Kaplan RM. Estimates of smoking-related property costs in California multiunit housing, Am J Public Health, 2012; 102(3):490–493. doi:10.2105/AJPH.2011.300170.

Ordinance No. 778

WHEREAS, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-smokers, especially children; to protect the public from exposure to secondhand smoke where they live, work, and play; and to protect the public from nonconsensual exposure to secondhand smoke in and around their homes, the City desires to amend Chapter 8.52 of Title 8 of the Carpinteria Municipal Code (“Smoking Regulations”) in its entirety, particularly to prohibit smoking, including tobacco, cannabis, and electronic smoking device vapor or aerosol, in multi-unit residences, including apartments, owner-occupied multi-unit housing and common interest developments, such as condominiums, and to implement the signage requirements of California Business and Professions Code section 22952.

NOW THEREFORE, the City Council of the City of Carpinteria does ordain as follows:

SECTION 1. Incorporation of Recitals
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City Council for its adoption of this Ordinance.

SECTION 2. Amendment to Code
Chapter 8.52 of the Carpinteria Municipal Code should be revised to read as follows:

Chapter 8.52- Smoking Regulations

8.52.010 Title.

The regulations contained in this chapter may be known and referred to as the "smoking regulation code."

8.52.020 Purpose.

This chapter is enacted with the specific intent to:

A. Prohibit smoking in certain public places not preempted by California Labor Code section 6404.5, which provides further smoking regulations; B. Protect the public health, safety and general welfare by prohibiting smoking in certain public places under circumstances where other persons will be exposed to secondhand smoke;
C. Ensure a cleaner and more hygienic environment for the City, its residents, and its natural resources, including its creeks and streams; D. Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including residents and visitors, particularly children, to breathe smoke-free air, recognizing the threat to public health and the environment which smoking causes;
Ordinance No. 778

E. Regulate the manner in which tobacco products are sold; and F. Designate the enforcing mechanism for this chapter and for Labor Code section 6404.5.

8.52.030 Definitions
The following definitions shall govern construction of this chapter unless indicated otherwise. For purposes of this chapter, these definitions shall supersede the same terms that are defined elsewhere in this Code.
“Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of a violation of this chapter, is not an “arm’s length transaction.”
“Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
“Business” means any sole proprietorship, partnership, joint venture, corporation, association or other entity formed for profit-making purposes or that has an employee. “Cannabis” has the meaning set forth in California Health and Safety Code section 11018, as that section may be amended from time to time. “Common area” means every area of a multi-unit residence that residents of more than one unit are entitled to enter or use, including, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
“Common interest development” means any of the following:

1. A community apartment project as defined in section 4105 of the Civil Code.

2. A condominium project as defined in section 783 of the Civil Code.

3. A planned development as defined in section 6562 of the Civil Code.

4. A stock cooperative as defined in section 11003.2 of the Business and Professions Code.
"Code compliance officer" means the city code compliance officer or duly authorized designee of the city code compliance officer.
“Dining area” means any area available to or customarily used by the general public that is designed, established or regularly used for consuming food or drink.

Ordinance No. 778

“Electronic smoking device” means an electronic and/or battery-operated device which can be used to deliver an inhaled dose of nicotine or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic smoking device” includes, but is not limited to, any device manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other similar product name or descriptor.
“Employee” means any person who is employed or retained as an independent contractor by any employer as defined in this section; or any person who volunteers his or her services for an employer, association, nonprofit or volunteer entity. “Employer” means any person, partnership, corporation, association, nonprofit or other entity that employs or retains the service of one or more persons, or supervises volunteers.
“Enclosed” means:

1. Any covered or partially covered space having more than fifty percent (50%) of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or

2. Any space open to the sky (hereinafter “uncovered”) having more than 75 percent of its perimeter area walled in or otherwise closed to the outside, such as, for example, a courtyard.
“Health officer” means the county health officer or the duly authorized designee of the county health officer.
“Landlord” means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multi-unit residence that is leased to a residential tenant. For purposes of this chapter, a tenant who sublets their unit (e.g., a sublessor) is not a landlord.
“Multi-unit residence” means property containing two (2) or more units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities. The following are not included in the definition of a multi-unit residence:
(1) a mobile home park;
(2) a campground;
(3) a one-family dwelling, as defined in section 14.08.200 of this Code, except if used as a health care facility subject to licensing requirements; and (4) a one-family dwelling, as defined in section 14.08.200 of this Code, with an Ordinance No. 778

accessory dwelling unit or junior accessory dwelling unit, as defined in section

14.72.020 of this Code, except if the one-family dwelling, accessory dwelling unit, or junior accessory dwelling unit is used as a health care facility subject to licensing requirements.
“Nonprofit entity” means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section.
“Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. “Place of employment” means any area under the legal or de facto control of an employer, business or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses and private residences that are used as childcare or healthcare facilities subject to licensing requirements.
“Playground” means any park or recreational area designed in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on city property.
“Premises” means a lot or contiguous lots and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same person or are under common control.
“Public place” means any public or private place open to the general public regardless of any fee or age requirement, including, for example, streets, sidewalks, parking lots, parking garages, plazas, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis and buses. For the purposes of the provisions of this chapter, a "public place" does not mean a private residence except for (a) residences used as a child care, health care, board and care, or community foster care facility as such terms are defined by the state Health and Safety Code or (b) the common areas of multi-unit residences, such as apartment buildings and condominiums.
“Reasonable distance” means the greatest distance practicable that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be at least 25 feet, Ordinance No. 778

except where physical constraints prevent such distance, and then the distance may only be reduced upon a showing of physical necessity. Under no circumstances shall the distance be less than 15 feet.
“Recreational area” means any public or private area open to the public for recreational purposes whether or not any fee for admission is charged, including without limitation, parks, trails, gardens, sporting facilities, stadiums and playgrounds. "Restaurant" means any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria, eating establishment, boardinghouse or guest house or similar establishment which gives or offers for sale food or drink to the public.
“Secondhand smoke” means smoke that is generated from the burning end of a lighted tobacco, weed or plant product, or smoke that is exhaled by a person who smokes after inhaling or ingesting a lit tobacco, weed or plant product, or the aerosolized or vaporized substance that is exhaled by a smoker after inhaling an “electronic smoking device.” "Self-service display" means an open display of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of an employee.
“Smoking” or to “smoke” means

1. inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, except when the combusting or vaporizing material containing no tobacco, nicotine, or cannabis and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense;

2. carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or

3. using an “electronic smoking device.”
“Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, e-liquids, and any other item designed for smoking, preparation, storing or consumption of tobacco products.
“Tobacco product” means any substance containing tobacco leaf, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

Ordinance No. 778

"Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things.

This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Tobacco retailer license'' or “license” shall mean a business license that permits the retail sale of tobacco products and/or tobacco paraphernalia. "Tobacco vending machine" means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, bills, trade checks, slugs or other form of legal tender or consideration. “Unenclosed area” means any area which is not enclosed. “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes, but is not limited to, an apartment; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent.
"Vendor-assisted" means that only a store employee has access to the tobacco product and assists a customer by supplying the product. The customer does not take possession of the product until it is purchased.

8.52.040 Secondhand Smoke Generally
For all purposes within the jurisdiction of the city, the nonconsensual exposure to secondhand smoke and the uninvited presence of secondhand smoke on property in violation of this chapter shall constitute a nuisance, as is further described by Chapter

9.70 of this Code.

8.52.050 Public and Other Places Where Smoking Shall Be Prohibited Except as otherwise provided by this chapter or by state or federal law, smoking shall be prohibited everywhere in the city, including but not limited to:

A. Public places;
B. Residences used as a child care, health care, board and care, or community foster care facility as such terms are defined by the state Health and Safety Code;
C. Common areas of multi-unit residences, such as apartment buildings and condominiums;
Ordinance No. 778

D. Effective July 1, 2025, anywhere on the premises of a multi-unit residence, including inside multi-unit residence units, common areas, and other outdoor areas.

E. Places of employment;
F. Enclosed and unenclosed places of hotels, businesses, restaurants, bars and other public accommodations;
G. Buses or other means of public transit, and ticket, boarding and waiting areas of public transit depots and bus stops, enclosed or not;

8.52.060 Places Where Smoking May Be Permitted
Except where prohibited by state or federal law, and by Chapter 12.24.020.21A of this Code, smoking may be permitted in the following locations within the city notwithstanding section 8.52.050:

A. One-family dwellings as defined at Chapter 14.08.200 of the Municipal Code.

This chapter does not preclude private regulation of smoking at one family dwellings;
B. Designated smoking areas on private property provided that all of the following conditions are met:

1. The area is located a reasonable distance from:
a. any doorway or opening into an enclosed area; and
b. any access way to a public place;

2. The area has a clearly marked perimeter;

3. The area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area pursuant to section 8.52.110 of this code;

4. Appropriate ash can(s) are placed in the smoking area and are maintained regularly by the owner, operator or manager of the smoking area;

5. No consistent complaints of secondhand smoke are filed with the city; and

6. The area is well lit.

C. Designated smoking areas (DSAs) on public property approved by the city council and developed and maintained as such by the city. Prior to creating a Ordinance No. 778

DSA, the city council shall make a finding that the DSA is consistent with the purposes of this chapter;
D. Smoking areas at public events which have been approved as part of a Special Event Permit or Temporary Use Permit issued by the city.

E. Inside a private vehicle when no minor is in or within 25 feet of the private vehicle.

F. Any unenclosed area in which no nonsmoker is present and, due to the time of day or other factors, it is not reasonable to expect another person to arrive

8.52.070 Modifications of Designated Smoking Area (DSA) The city reserves the right to prohibit or require modifications to a DSA at a certain location if it undermines the purposes of this chapter.

8.52.080 Smoking Prohibited in Multi-Unit Residences
A. Effective July 1, 2025, smoking is prohibited in all units and common areas of multi-unit residences.

B. Notwithstanding any other provisions of this chapter, smoking of cannabis for medical purposes with a doctor’s recommendation as permitted by California Health and Safety Code sections 11362.7 et seq. in any unit of a multi-unit residence is not prohibited by this chapter. Notwithstanding the foregoing, such use of cannabis may be prohibited or regulated by other provisions of this code, state law, or federal law.

C. All common areas of multi-unit residences shall have signage indicating that smoking is prohibited consistent with the sign requirements of section 8.52.110.

D. If the City receives a complaint of a violation of subdivision A, it may issue a notice to the person(s) responsible, informing them of the requirements of this Chapter. The tenant(s) of a unit, or owner-occupant(s) of an owner-occupied unit, shall be deemed the person(s) responsible for the violation where the violation was caused by the tenant(s) or owner-occupant(s) of the unit, or one or more persons subject to the control of, or present by invitation or permission of, the tenant(s) or owner-occupant(s).

E. Sales contracts for condominiums entered into on or after July 1, 2025 shall disclose the requirements of this Chapter.

F. Any person may bring a civil action to enforce this section to prevent future violations and may sue to recover actual or statutory damages, including court costs, and attorney's fees. However, this Chapter does not create a private right of action for a tenant against a landlord for any damages the tenant may suffer due to another tenant's breach of any smoking provision in a lease or other Ordinance No. 778

rental agreement, so long as the landlord has fully complied with the terms of this section and section 8.52.090.

8.52.090 Requirements for Multi-Unit Residences
A. As of July 1, 2025, the landlord or association shall deliver to each unit of a multi-unit residence, a copy of this Chapter and a written notice clearly stating:

1. As of July 1, 2025, all units are designated nonsmoking units and smoking is prohibited in a unit, including any associated private balcony, porch, deck, or patio.

2. Smoking in all common areas or outdoor areas, except for specifically designated smoking areas, is a violation of this Chapter.

B. Every landlord or association shall provide prospective tenants, and/or prospective buyers of units, a copy of this Chapter and written notice clearly stating that:

1. As of July 1, 2025, Smoking is prohibited in units, including any associated private balcony, porch, deck, or patio; and

2. Smoking is prohibited in all common areas and outdoor areas, except for specifically designated smoking areas.

C. Every seller of a unit in a common interest development shall provide prospective buyers or renters a copy of this Chapter and written notice clearly stating that:

1. As of July 1, 2025, smoking is prohibited in units, including any associated private balcony, porch, deck, or patio; and

2. Smoking is prohibited in all common areas and outdoor areas, except for specifically designated smoking areas.

D. As of July 1, 2025, the person or persons with legal control over common areas shall post and maintain clear and unambiguous “No Smoking” signs at entrances and exits, in common areas, and in conspicuous places adjoining the property grounds. In addition, as of July 1, 2025, the person or persons with legal control over the multi-unit residences shall post and maintain signs in sufficient numbers and locations to indicate that smoking is prohibited in all units. The absence of signs shall not be a defense to a violation of any provision of this Chapter. “No Smoking” signs are not required inside or on doorways of units.

E. Landlords or associations with knowledge of violations shall take reasonable steps to investigate and enforce the regulations, including a written notice to the Ordinance No. 778

resident of the knowledge of the violation, a request to cease the violation, and the course of action to be taken if the violation is not corrected.

8.52.100 Allowing, Aiding or Abetting Smoking
A. No person, employer, business or nonprofit entity shall knowingly permit smoking in an area under his, her or its legal or de facto control in which smoking is prohibited by this Chapter or other law.

B. Except as provided in section 8.52.120 of this code, no person, employer, business or nonprofit entity shall allow the placement or maintenance of a receptacle for smoking waste in an area under his, her or its legal or de facto control in which smoking is prohibited by this chapter or other law, provided however, that a receptacle may be placed at the entry to a nonsmoking area, along with a “No Smoking” sign, in order to encourage any smokers in violation of this chapter to immediately extinguish and properly dispose of smoking materials.

C. No person shall intimidate, threaten, effect a reprisal or retaliate against another person who seeks to attain compliance with one or more of this chapter's provisions.

8.52.110 Signs
Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this Chapter.

A. “No Smoking” or “Smoke Free” signs, with letters of not less than one inch in height or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or any alternative signage approved by the Community Development Director may be conspicuously posted by the person, employer, business or nonprofit entity who or which has legal or de facto control of such place at each entrance to a public place in which smoking is prohibited by this chapter.

B. Within designated smoking areas, one or more conspicuously displayed sign(s) shall be posted identifying the area as such. Signs shall adhere to the following requirements: signs with arrows directing the public to the designated smoking area may be allowed; signs shall be no smaller than three (3) inches high and eight (8) inches long with a pictorial representation of a burning cigarette; signs shall contain “Designated Smoking Area” or similar and shall be posted prominently between five (5) feet and seven (7) feet above the floor or ground; and all signs are subject to approval by the Community Development Director at his or her discretion.

C. No person shall alter, deface, obscure, remove or destroy a sign or placard that this chapter authorizes.

Ordinance No. 778

8.52.120 Smoking Waste
Except for disposal of smoking waste in a smoking waste receptacle, no person shall dispose of smoking waste: (1) in or upon a public street or sidewalk; (2) in an area in which smoking is prohibited by this Chapter or other law; or (3) in any area a reasonable distance therefrom.

8.52.130 Requirement for Tobacco Retailer License
It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailer licenses are valid for one year. An application to renew a tobacco retailer license shall be submitted prior to the expiration of the license.

8.52.140 Tobacco Retailers must operate at a Fixed Location No tobacco retailer license may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.

8.52.150 Prohibition of Tobacco Retailing within Certain Areas of the City No tobacco retailer license may be issued to authorize a tobacco retailer in the areas of the City described in sections 14.20.075 and 14.22.070 of this Code.

8.52.160 Application Procedure
A. An application for a tobacco retailer license, plus one copy shall be submitted to the Community Development Department in the name of the person proposing to conduct tobacco retailing and shall be signed by such person or an authorized agent thereof.

It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer’s license. No proprietor may rely on the issuance of a license as a determination by the City of Carpinteria that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to section

8.52.260 of this Chapter. Nothing in this Chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the City and shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business seeking a license.

2. The business name, address, and telephone number of the single fixed Ordinance No. 778

location for which a license is sought.

3. A single name, mailing address and email address authorized by each proprietor to receive all communications and notices (the “Authorized Address”) required by, authorized by, or convenient to the enforcement of this chapter. If an Authorized Address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above.

4. Proof that the location for which a tobacco retailer’s license is sought has been issued a valid state tobacco retailer’s license by the Department of Tax and Fee Administration.

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter or any other local and state laws, rules and regulations related to tobacco retailing and, if so, the dates and locations of all such violations within the previous five years.

B. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law, subject to the laws’ exemptions.

8.52.170 Issuance of Tobacco Retailer License
A. Within thirty days of the City's receipt of an application for a tobacco retailer license, the City shall issue a license, unless it has been determined by the City that the issuance of the license should be denied, based on the following criteria:

1. The information presented in the application is incomplete, inaccurate or false; or

2. The application seeks authorization for tobacco retailing by a person or at a location for which a suspension is in effect pursuant to section 8.52.260 of this chapter; or

3. The application seeks authorization for tobacco retailing in an area that is in violation of sections 14.20.075 and 14.22.070 of this Code.

4. The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), that is unlawful pursuant to this code, or that is unlawful pursuant to any other law.

B. A denial of a tobacco retailer license may be appealed pursuant to section

8.52.260 of this chapter.

Ordinance No. 778

C. A licensed tobacco retailer shall inform the City in writing of any change in the information submitted on an application for a tobacco retailer’s license within ten (10) business days of a change.

D. The City shall keep a permanent record of all tobacco retailer licenses issued, but may destroy such records as provided by law with the approval of the City Council.

8.52.180 Display of Tobacco Retailer License
Each licensee shall prominently display the tobacco retailer license at each location where tobacco retailing occurs.

8.52.190 Fees for Tobacco Retailer License
A. The initial or renewal fee for a tobacco retailer license shall be established in a master fee schedule adopted by resolution of the City Council. The fee shall be paid to the City when a tobacco retailer license application is submitted.

B. Renewal. Renewal fees, paid to the City, are due the first business day after the date of expiration of a tobacco retailer license. A tobacco retailer will be allowed a 30-day grace period to pay the renewal fee if the renewal fee has not been paid by the end of the grace period, a penalty of 50 percent of the renewal fee shall be added to the renewal fee. If the renewal fee and any applicable late penalty are not paid within 90 days after the date of expiration of a tobacco retailer license, then the City shall automatically revoke the license. Thereafter, if the licensee desires to resume tobacco retailing, a new license application must be submitted to the Community Development Department in accordance with section 8.52.160, along with the license fee and late penalty.

8.52.200 Tobacco Retailer Licenses Are Nontransferable
A. A tobacco retailer license is nontransferable. If a person to whom a tobacco retailer license has been issued, changes the business location or sells the business, then that person must obtain a new license prior to acting as a tobacco retailer at the new location, or the buyer of the business must obtain a license in the buyer's name before acting as a tobacco retailer.

B. Prior violations at a location shall continue to be counted against a location and license suspension periods shall continue to apply to a location unless:

1. The location is being or has been fully transferred to a new owner; and

2. The new owner(s) provide the City with clear and convincing evidence that the new owner(s) is acquiring or has acquired the location in an arm’s length transaction.

8.52.210 License Conveys a Limited Conditional Privilege Nothing in this chapter shall be construed to grant any person obtaining and maintaining Ordinance No. 778

a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City of Carpinteria identified on the face of the license. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code section 6404.5. Obtaining a tobacco retailer license does not make the retailer a “retailor wholesale tobacco shop” for the purposes of California Labor Code section 6404.5.

8.52.220 Positive Identification Requirements for Sale of Tobacco Products and Tobacco Paraphernalia
No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 21, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess tobacco products or tobacco paraphernalia.

8.52.230 Minimum Age for Persons Selling Tobacco Products and Tobacco Paraphernalia
No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products or tobacco paraphernalia shall engage in tobacco retailing.

8.52.240 False and Misleading Advertising Prohibited
A tobacco retailer without a valid tobacco retailer license, including for example, a tobacco retailer license that has been suspended or revoked, shall not display any advertisement promoting the sale or distribution of tobacco products or tobacco paraphernalia at the tobacco retailer’s location and shall keep all such products out of public view.

8.52.250 Compliance Monitoring
A. Compliance with the tobacco retailer license provisions of this chapter shall be primarily enforced by the Santa Barbara County Sheriff, in conjunction with the Public Health Department. However, any peace officer may enforce the penal provisions of this chapter.

B. The Sheriff will check the compliance of each tobacco retailer one to three times per 12-month period. However, the Sheriff may check the compliance of a tobacco retailer more or less often, depending on a tobacco retailer’s compliance history. Nothing in this paragraph shall create a right of action for any tobacco retailer or other person, against the city, county or its agents.

8.52.260 Revocation or Suspension of Tobacco Retailer License and Appeals A. Suspension.

Ordinance No. 778

1. A tobacco retailer license may be suspended if the City finds that the licensee, or an agent or employee thereof, has violated:
a. Any provision of this chapter; or
b. Any state law governing the sale, distribution, advertisement or display of tobacco, tobacco products or tobacco paraphernalia, including, but not limited to, Penal Code section 308(a), Business and Professions Code section 22950 et seq. (Stop Tobacco Access to Kids Enforcement Act (STAKE Act)), and Business and Professions Code section 25612.5(c)(7).

2. Suspension periods.
a. Upon a first finding by the City of a violation of this chapter by a licensee, or an agent or employee thereof, within any five-year period, the license may be suspended for up to 30 days.
b. Upon the second finding by the City of a violation of this chapter by a licensee, or an agent or employee thereof, within any five-year period, the license may be suspended for up to 90 days.
c. Upon the third finding by the City of a violation of this chapter by a licensee, or an agent or employee thereof, within any five-year period, the license may be suspended for up to 12 months. However, if the licensee is operating within 1,000 feet of a school pursuant to section 8.52.150 of this chapter, upon the third finding by the city of a violation by a licensee or by any agent or employee of a licensee within any five-year period the tobacco retailer license may be permanently revoked by the City Council at a public hearing.

B. Revocation.

1. A tobacco retailing license may be revoked if the City finds that one or more of the bases for denial exists pursuant to section 8.52.170(A). The revocation shall be without prejudice to the filing of a new application for a license following correction of the conditions that required revocation of the license.

2. On revocation of a license, no part of the money paid to the City as a fee shall be returned.

C. Appeal of Denial, Revocation and/or Suspension. The decision of the City to revoke, suspend, or deny the issuance of a tobacco retailer license can be appealed. All appeals must be in writing and filed with the Community Development Department within ten days of receipt of notice of denial, or within ten days of the effective date of the notice of revocation or suspension of a tobacco retailer license. The City shall set an appeal hearing at the earliest Ordinance No. 778

practicable time and shall give written notice of the hearing to the parties at least ten days before the date of the hearing. At the hearing any relevant evidence shall be admitted. Within a reasonable time after the conclusion of the hearing, the City shall make a written decision. An appeal shall stay all proceedings until the appeal is resolved. Any decision rendered by the City shall be a final administrative decision.

D. Settlement in Lieu of Appeal Hearing. For a first or second alleged violation of this chapter within any five-year period, the City may engage in settlement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter, provided that a timely appeal has been filed. Settlements shall not be confidential.

1. After a first alleged violation, any settlement must contain the following minimum terms:
a. Suspension of the tobacco retailer license for at least 15 days; b. A settlement payment to the City of at least 1,000 dollars; and c. An admission by the licensee that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

2. After a second alleged violation, any settlement must contain the following minimum terms:
a. Suspension of the tobacco retailer license for at least 45 days; b. A settlement payment to the City of at least 5,000 dollars; and c. An admission by the licensee that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

8.52.270 Minors—Posting of signs
Any person, business, tobacco retailer, or owner, manager or operator of any establishment that sells tobacco products shall post plainly visible signs at the point of purchase of tobacco products which state:
“The Sale of Tobacco Products to Persons Under 21 Years of Age is Prohibited by Law and Subject to Penalties. To Report an Unlawful Tobacco Sale, Call 1-800-5 ASK-4-ID.

Valid identification may be required.”
Ordinance No. 778

Signs must meet the requirements of State law under California Business and Professions Code section 22952. The letters of said signs must be readable by the consumer and must not be altered, covered, or obliterated in whole or in part.

8.52.280 Sale and distribution of tobacco products
It is unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for sale or display for purposes of sale by means of self-service displays or by any means other than vendor-assisted sales, any tobacco products other than cartons of cigarettes, multi-container packages of smokeless tobacco and cigars and pipe tobacco.

Cartons of cigarettes, multi-container packages of smokeless tobacco, and cigars and pipe tobacco may be sold by means of self-service merchandising only when these products are under direct surveillance of a store employee. Tobacco products shall be deemed to be under direct surveillance of an employee only if the tobacco products themselves (and not just the racks, shelves, kiosks, etc., where the products are displayed) are in plain view of the store employee.

8.52.290 Vending machines.

No person, business, tobacco retailer or other establishment located within the city shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance, or use of, on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. This provision shall not apply to vending machines which are located in bars, provided that such vending machines in bars must be located at least 25 feet from any entry into the bar.

8.52.300 Out-of-package sales.

No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.

8.52.310 Enforcement.

The code compliance officer, or any peace officer may enforce the provisions of this chapter.

8.52.320 Citizen complaints.

Any citizen who desires to register a complaint under the provisions of this chapter may request the code compliance officer to initiate enforcement. However, for complaints regarding violations of section 8.52.080 (Smoking Prohibited in Multi-Unit Residences), the sole remedy shall be as described in section 8.52.080(F).

8.52.330 Violation—Premises.

It shall be unlawful for any person who owns, manages or operates any premises subject to regulations of this chapter to fail to comply with its provisions. No person shall cause, permit, aid, abet or conceal a violation of any provision of this chapter.

8.52.340 Violation—Individuals.

It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

Ordinance No. 778

8.52.350 Violation—Penalty.

In addition to any other remedy available at law, violation of any provision of this chapter shall be subject to Chapter 1.06 (Administrative Remedies) and Chapter 1.08 (Penalties) of this Code. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

8.52.360 Separate offense.

A separate offense is committed for each and every day, or part of a day, during which any violation is caused, committed, continued or permitted. Each offense is punishable separately from every other offense

8.52.370 Public education—Purposes of chapter.

The code compliance officer, in conjunction and coordination with the county health officer of the county of Santa Barbara and, where feasible, appropriate health or safety oriented community-based organizations and coalitions, shall engage in a continuing program to explain and clarify the purposes of the provisions of the chapter to citizens affected by it, and to guide business owners, operators and managers in their compliance with it.

8.52.380 Governmental cooperation.

The city manager shall request all governmental and educational agencies which maintain an office within the city to establish local operating procedures to cooperate and comply with this chapter.

8.52.390 Other laws.

The provisions of this chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Further, it is not the intent of the provisions of this chapter to regulate smoking where such regulation has been preempted by the state.

SECTION 3. Severability.

This Chapter and the various sections thereof are severable. Should any part of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declared that it would have passed and adopted this Ordinance, and each and every provision hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 4. CEQA Exemption
The City Council finds the proposed ordinance amendment to be exempt from CEQA pursuant to State CEQA Guidelines section 15060(c)(2) (activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project) as defined in section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

Ordinance No. 778

SECTION 5. Effective Date.

This ordinance shall take effect and be in force thirty (30) days from and after its passage.

PASSED, APPROVED AND ADOPTED this 8th day of July, 2024 by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):
_________________________
Mayor, City of Carpinteria
ATTEST:
___________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held July 8, 2024.
___________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
APPROVED AS TO FORM:
______________________________
Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney for the City of Carpinteria
Attachment B.

Proposed Ordinance No. 778 (Changes Shown)
Amending Chapter 8.52 of the Municipal Code to Regulate Smoking
Smoking Regulations
July 8, 2024 City Council Meeting
Ordinance No. 778

ORDINANCE NO. 778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, AMENDING IN ITS ENTIRETY CHAPTER 8.52 (SMOKING

REGULATIONS) OF THE CARPINTERIA MUNICIPAL CODE
WHEREAS, the City of Carpinteria (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke1 and the California Air Resources Board identified secondhand smoke as a toxic air contaminant for which there is no safe level of exposure;
2 and
WHEREAS, secondhand smoke is responsible for an estimated 34,000 heart disease-related and 7,300 lung cancer-related deaths among adult nonsmokers each year;
3 and
WHEREAS, in children, secondhand smoke causes ear infections, more frequent and severe asthma attacks, respiratory infections, and increases the risk of Sudden Infant Death Syndrome (SIDS); and
WHEREAS, several studies indicate that secondhand cannabis smoke has been identified as a health hazard. This finding is supported by the following objective studies:
• The California Environmental Protection Agency includes cannabis smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer;4 • Cannabis smoke contains at least 33 known carcinogens;5 • In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible levels of cannabinoids in non-smoker participants’ blood and urine, 1 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health (2006) available at:
https://www.ncbi.nlm.nih.gov/books/NBK44324/pdf/Bookshelf_NBK44324.pdf (accessed February 28, 2024). 2 Air Resources Board, California Environmental Protection Agency. Frequently Asked Questions — Environmental Tobacco Smoke, available at: https://ww2.arb.ca.gov/our-work/programs/environmental-tobacco-smokeidentified-toxic-air-contaminant (accessed February 28, 2024). 3 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at: https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf (accessed February 28, 2024).
4 California Environmental Protection Agency. Evidence on the Carcinogenicity of Cannabis Smoke. Sacramento, CA:

California Environmental Protection Agency, Office of Environmental Health Hazard Assessment, Reproductive and Cancer Hazard Branch (2009) available at: https://oehha.ca.gov/media/downloads/proposition65/chemicals/finalmjsmokehid.pdf (accessed February 28, 2024). 5 Id.

Ordinance No. 778

and participants experienced minor increases in heart rate and impaired cognitive performance;6
• A recent systematic review of the literature concluded that secondhand exposure to cannabis smoke leads to cannabinoid metabolites in bodily fluids and individuals experiencing self-reported psychoactive effects;7 and WHEREAS, medical cannabis is known to help patients address symptoms related to glaucoma, epilepsy, arthritis, and anxiety disorders, among other illnesses, 8 and under the Compassionate Use Act of 1996, doctors may recommend the medical use of cannabis to a patient; and
WHEREAS, in addition to secondhand smoke from tobacco products, exposure to electronic smoking device aerosol may be considered a health hazard and has immediate impacts on the human respiratory and cardiovascular system, posing a risk to human health, as evidenced by the following:
• Research has found at least twelve chemicals in electronic smoking device aerosol known to the State of California to cause cancer, birth defects, or other reproductive harm,9 such as formaldehyde, acetaldehyde, lead, nickel, chromium, arsenic, and toluene;10 • Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke;11
• Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and poses a risk to human health;12
6 Herrmann, ES, Cone, EJ, Mitchell, JM, et al. Non-Smoker Exposure to Secondhand Cannabis Smoke II: Effect of Room Ventilation on the Physiological, Subjective, and Behavioral/Cognitive Effects. Drug Alcohol Depend. (2015) 151:194–202. Doi: 10.1016/j.drugalcdep.2015.03.019, available at https://www.sciencedirect.com/science/article/abs/pii/S037687161500160X?via%3Dihub. 7 Holitzki H, Dowsett LE, Spackman E, Noseworthy T, Clement F. Health effects of exposure to second- and thirdhand marijuana smoke: a systematic review. CMAJ Open. 2017;5(4):E814-E822. doi:10.9778/cmajo.20170112. 8 National Academies of Sciences, Engineering, and Medicine. “4. Therapeutic Effects of Cannabis and Cannabinoids.” The Health Effects of Cannabis and Cannabinoids: The Current State of Evidence and Recommendations for Research. (2017). https://www.ncbi.nlm.nih.gov/books/NBK425767/ 9 Office of Environmental Health Hazard Assessment, California Environmental Protection Agency, The Proposition 65 list. https://oehha.ca.gov/proposition-65/proposition-65-list (accessed February 28, 2024); California Tobacco Control Program, California Department of Public Health. State Health Officer’s Report on E-Cigarettes: A Community Health Threat (2015) available at: www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/ CDPH%20Document%20Library/Policy/ElectronicSmokingDevices/StateHealthEcigReport.pdf; National Academies of Sciences, Engineering, and Medicine. Public Health Consequences of E-Cigarettes (2018) Washington, DC: The National Academies Press available at: https://www.nap.edu/catalog/24952/public-health-consequences-of-ecigarettes 10 Fowles J, Barreau T, Wu N. Cancer and Non-Cancer Risk Concerns from Metals in Electronic Cigarette Liquids and Aerosols. Int J Environ Res Public Health (2020) 17(6):2146. doi: 10.3390/ijerph17062146. 11 Public Health Consequences of E-Cigarettes, supra.
12 Id.

Ordinance No. 778

• Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure resulting in addiction and other harmful consequences is a serious concern;13
• Indoor air experts and health authorities, including the U.S. Surgeon General, American Society of Heating Refrigerating and Air Conditioning Engineers, and the State of California Tobacco Education and Research Oversight Committee (TEROC), all support inclusion of electronic smoking devices in regulations of smoking and other tobacco product use; 14 and
WHEREAS, research demonstrates that secondhand smoke in multi-unit residences or common interest developments can and does transfer between units, creeping under doorways and through wall cracks;15 and
WHEREAS, the U.S. Surgeon General has concluded that eliminating smoking in indoor spaces is the only way to fully protect nonsmokers from secondhand smoke exposure; and that separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely prevent secondhand smoke exposure;16 and WHEREAS, several studies have confirmed that smoke-free multi-unit residence policies are an effective method to reduce secondhand smoke exposure in multi-unit residences; and
WHEREAS, secondhand smoke in multi-unit residences is a significant threat to the health and safety of California children;
17 and
WHEREAS, research consistently demonstrates that a majority of tenants in multi-unit residences, including a large portion of smokers, supports smoke-free policies in multi-unit residences, and that support is even greater among residents with children; and
WHEREAS, 100 California cities and counties have adopted smoke-free multiunit residence ordinances; 18 and
13 Id.
14 U.S. Department of Health and Human Services. E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. (2016) available at: https://www.ncbi.nlm.nih.gov/books/NBK538680/ 15 DiGiacomo SI, Jazayeri MA, Barua RS, Ambrose JA. Environmental Tobacco Smoke and Cardiovascular Disease, Int J Environ Res Public Health (2018) 16(1):96. doi: 10.3390/ijerph16010096. 16 The Health Consequences of Involuntary Exposure to Tobacco Smoke. A Report of the Surgeon General (2006) supra.
17 Centers for Disease Control and Prevention (CDC). CDC Vital Signs — Secondhand Smoke: An Unequal Danger. (February 2015) available at: www.cdc.gov/vitalsigns/pdf/2015-02-vitalsigns.pdf (accessed April 10, 2023). 18 American Nonsmoker’s Rights Foundation, U.S. Laws for 100% Smokefree Multi-Unit Housing (January 1,2024) available at http://no-smoke.org/wp-content/uploads/pdf/smokefreemuh.pdf.

Ordinance No. 778

WHEREAS, there is no Constitutional right to smoke; and WHEREAS, California law declares that anything which is injurious to health or obstructs the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance; and
WHEREAS, there are significant savings from adopting a smoke-free multi-unit housing policy, as evidenced by the following:
• Prior to implementation, the U.S. Department of Housing and Urban Development’s smoke-free public housing policy was conservatively estimated to produce an annual savings of 4 to 8 million dollars a year for U.S. public housing authorities in renovation-related costs,19 and 30 to 109 million dollars per year in health care costs in California alone;20 • Implementing statewide smoke-free policies in multi-unit housing properties would save property owners in California an estimated $18.1 million in renovation expenses each year;21 and
WHEREAS, local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance; and
WHEREAS, State law allows local governments to adopt ordinances that permit residential rental agreements to prohibit smoking tobacco products within rental units; and
WHEREAS, State law prohibits smoking within 25 feet of playgrounds as well as within 20 feet of government buildings and expressly authorizes local communities to enact additional restrictions; and
WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and WHEREAS, California Business and Professions Code section 22952 raised the minimum age limit to purchase tobacco or tobacco-related products to 21 years of age in California; and
WHEREAS, California Business and Professions Code section 22952(b) establishes that retailers of tobacco products are required to post conspicuously, at each point of purchase, notices with specific requirements; and 19 McFarlane A, Djoko Y, Woodward A. Instituting Smoke-Free Public Housing: An Economic Analysis, Cityscape, 2017;19(3):435-448. Available at: https://www.huduser.gov/portal/periodicals/cityscpe/vol19num3/ch24.pdf. 20 King BA, Peck RM, Babb SD. National and State Cost Savings Associated with Prohibiting Smoking in Subsidized and Public Housing in the United States, Prev Chronic Dis. 2014;11:E171. doi: 10.5888/pcd11.140222. 21 Ong MK, Diamant AL, Zhou Q, Park HY, Kaplan RM. Estimates of smoking-related property costs in California multiunit housing, Am J Public Health, 2012; 102(3):490–493. doi:10.2105/AJPH.2011.300170.

Ordinance No. 778

WHEREAS, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking around non-smokers, especially children; to protect the public from exposure to secondhand smoke where they live, work, and play; and to protect the public from nonconsensual exposure to secondhand smoke in and around their homes, the City desires to amend Chapter 8.52 of Title 8 of the Carpinteria Municipal Code (“Smoking Regulations”) in its entirety, particularly to prohibit smoking, including tobacco, cannabis, and electronic smoking device vapor or aerosol, in multi-unit residences, including apartments, owner-occupied multi-unit housing and common interest developments, such as condominiums, and to implement the signage requirements of California Business and Professions Code section 22952.

NOW THEREFORE, the City Council of the City of Carpinteria does ordain as follows:

SECTION 1. Incorporation of Recitals
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City Council for its adoption of this Ordinance.

SECTION 2. Amendment to Code
Chapter 8.52 of the Carpinteria Municipal Code should be revised to read as follows (proposed new text is shown in underline and text to be deleted is shown in strikeout):

Chapter 8.52- Smoking Regulations

8.52.010 Title.

The regulations contained in this chapter may be known and referred to as the "smoking regulation code."

8.52.020 Purpose.

This chapter is enacted with the specific intent to:

A. Prohibit smoking in certain public places not preempted by California Labor Code Sectionsection 6404.5, which provides further smoking regulations; B. Protect the public health, safety and general welfare by prohibiting smoking in certain public places under circumstances where other persons will be exposed to secondhand smoke;
C. Ensure a cleaner and more hygienic environment for the City, its residents, and its natural resources, including its creeks and streams; D. Strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers, including residents and visitors, particularly children, to breathe smoke-free air, recognizing the threat to public health and the environment which smoking causes;
Ordinance No. 778

E. Regulate the manner in which tobacco products are sold; and F. Designate the enforcing agency mechanism for this chapter and for Labor Code Sectionsection 6404.5.

8.52.030 Definitions
The following definitions shall govern construction of this chapter unless the context clearly requires otherwise indicated otherwise. For purposes of this chapter, these definitions shall supersede the same terms that are defined elsewhere in this Code. “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of a violation of this chapter, is not an “arm’s length transaction.”
“Association” means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
“Business” means any sole proprietorship, partnership, joint venture, corporation, association or other entity formed for profit-making purposes or that has an employee. “Cannabis” has the meaning set forth in California Health and Safety Code section 11018, as that section may be amended from time to time. “Common area” means every area of a multi-unit residence that residents of more than one unit are entitled to enter or use, including, but not limited to, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, grassy or landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
“Common interest development” means any of the following:

1. A community apartment project as defined in section 4105 of the Civil Code.

2. A condominium project as defined in section 783 of the Civil Code.

3. A planned development as defined in section 6562 of the Civil Code.

4. A stock cooperative as defined in section 11003.2 of the Business and Professions Code.
"Code compliance officer" means the city code compliance officer or duly authorized designee of the city code compliance officer.

Ordinance No. 778

“Dining area” means any area available to or customarily used by the general public that is designed, established or regularly used for consuming food or drink. “Electronic smoking device” means an electronic and/or battery-operated device which can be used to deliver an inhaled dose of nicotine or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic smoking device” includes, but is not limited to, any device manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other similar product name or descriptor.
“Employee” means any person who is employed or retained as an independent contractor by any employer as defined in this section; or any person who volunteers his or her services for an employer, association, nonprofit or volunteer entity. “Employer” means any person, partnership, corporation, association, nonprofit or other entity that employs or retains the service of one or more persons, or supervises volunteers.
“Enclosed” means:

1. Any covered or partially covered space having more than fifty percent (50%) of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or

2. Any space open to the sky (hereinafter “uncovered”) having more than seventyfive (75) percent of its perimeter area walled in or otherwise closed to the outside, such as, for example, a courtyard.
“Health officer” means the county health officer or the duly authorized designee of the county health officer.
“Landlord” means any person or agent of a person who owns, manages, or is otherwise legally responsible for a unit in a multi-unit residence that is leased to a residential tenant. For purposes of this chapter, a tenant who sublets their unit (e.g., a sublessor) is not a landlord.
"Licensing Agent" means the Carpinteria City Community Development Director. “Multi-unit residence” means property containing two (2) or more units, including, but not limited to, apartment buildings, condominium complexes, senior and assisted living facilities, and long-term health care facilities. The following are not included in the definition of a multi-unit residence:
(1) a mobile home park;
(2) a campground;
Ordinance No. 778

(3) a hotel or motel that meets the requirements of California Civil Code section 1940(b)(2);
(4 3) a one-family dwelling, as defined in section 14.08.200 of this Code, except if used as a health care facility subject to licensing requirements; and (54) a one-family dwelling, as defined in section 14.08.200 of this Code, with an accessory dwelling unit or junior accessory dwelling unit, as defined in section

14.72.020 of this Code, except if the one-family dwelling, accessory dwelling unit, or junior accessory dwelling unit is used as a health care facility subject to licensing requirements.
“Nonprofit entity” means any entity that meets the requirements of California Corporations Code Sectionsection 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section.
“Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. “Place of employment” means any area under the legal or de facto control of an employer, business or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation, including, for example, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses and private residences that are used as childcare or healthcare facilities subject to licensing requirements.
“Playground” means any park or recreational area designed in part to be used by children that has play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds, or on city property.
“Premises” means a lot or contiguous lots and any improvements thereon such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same person or are under common control.
“Present” means within a reasonable distance.
“Public place” means any public or private place open to the general public regardless of any fee or age requirement, including, for example, streets, sidewalks, parking lots, Ordinance No. 778

parking garages, plazas, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis and buses. For the purposes of the provisions of this chapter, a "public place" does not mean a private residence except for (a) residences used as a child care, health care, board and care, or community foster care facility as such terms are defined by the state Health and Safety Code or (b) the common areas of multi-unit residences family dwellings, such as apartment buildings and condominiums. “Reasonable distance” means the greatest distance practicable that ensures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall generally be twenty (20) feet, with a minimum distance of five (5) feet. at least 25 feet, except where physical constraints prevent such distance, and then the distance may only be reduced upon a showing of physical necessity. Under no circumstances shall the distance be less than 15 feet.
“Recreational area” means any public or private area open to the public for recreational purposes whether or not any fee for admission is charged, including without limitation, parks, trails, gardens, sporting facilities, stadiums and playgrounds. "Restaurant" means any coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria, eating establishment, boardinghouse or guest house or similar establishment which gives or offers for sale food or drink to the public.
“Secondhand smoke” means smoke that is generated from the burning end of a lighted tobacco, weed or plant product, or smoke that is exhaled by a smoker person who smokes after inhaling or ingesting a lit tobacco, weed or plant product, or the aerosolized or vaporized substance that is exhaled by a smoker after inhaling an “electronic smoking device.”
"Self-service display" means an open display of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of an employee.
“Service area” means any area designed to be or regularly used by one or more persons to receive or wait to receive a service, enter a public place or make a transaction whether or not such service includes the exchange of money including, for example, ATMs, bank teller windows, telephones, ticket lines, bus stops, taxi stands and takeout counters.
“Smoking” or to “smoke” means possessing or to possess a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including but not limited to, a pipe, a hookah pipe, cigar, or cigarette of any kind).

Ordinance No. 778

1. inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, except when the combusting or vaporizing material containing no tobacco, nicotine, or cannabis and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense;

2. carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or

3. using an “electronic smoking device.”
"Sports arena" means an outdoor or nonenclosed sports pavilion, stadium, swimming pool, roller rink, or other similar place where members of the general public assemble either to engage in physical exercise, participate in athletic competition or witness sports events, including the concession stand areas thereof. “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, e-liquids, and any other item designed for smoking, preparation, storing or consumption of tobacco products.
“Tobacco product” means any substance containing tobacco leaf, and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things.

This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Tobacco retailer license'' or “license” shall mean a business license that permits the retail sale of tobacco products and/or tobacco paraphernalia. "Tobacco vending machine" means any machine or device designated for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, bills, trade checks, slugs or other form of legal tender or consideration. “Unenclosed area” means any area which is not enclosed. “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes, but is not limited to, an apartment; a condominium; a townhouse; a room in a Ordinance No. 778

long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent.
"Vendor-assisted" means that only a store employee has access to the tobacco product and assists a customer by supplying the product. The customer does not take possession of the product until it is purchased.

8.52.040 Secondhand Smoke Generally
For all purposes within the jurisdiction of the city, the nonconsensual exposure to secondhand smoke and the uninvited presence of secondhand smoke on property in violation of this chapter shall constitute a nuisance, as is further described by Chapter

9.70 of this the Carpinteria Municipal Code.

8.52.050 Public and Other Places Where Smoking Shall Be Prohibited Except as otherwise provided by this chapter or by state or federal law, smoking shall be prohibited everywhere in the city, including but not limited to:

A. Public places;
B. Residences used as a child care, health care, board and care, or community foster care facility as such terms are defined by the state Health and Safety Code;
C. Common areas of multi-unit residences family dwellings, such as apartment buildings and condominiums;
D. Effective July 1, 2025, anywhere on the premises of a multi-unit residence, including inside multi-unit residence units, common areas, and other outdoor areas.

DE. Places of employment;
EF. Enclosed and unenclosed places of hotels, businesses, restaurants, bars and other public accommodations;
FG. Buses or other means of public transit, and ticket, boarding and waiting areas of public transit depots and bus stops, enclosed or not;

8.52.060 Places Where Smoking May Be Permitted
Except where prohibited by state or federal law, and or by Chapter 12.24.021(A)

12.24.020.21A of this the Municipal Code for public parks and beaches, smoking may be permitted in the following locations within the city notwithstanding Sectionsection

8.52.050:

Ordinance No. 778

A. Private residential properties One-family dwellings as defined at Chapter

14.08.200 of the Municipal Code. This chapter does not preclude private regulation of smoking on private residential properties at one family dwellings; B. In up to twenty-five (25) percent of guest rooms in any hotel or motel, if the hotel or motel permanently designates at least seventy five (75) percent of its guest rooms as nonsmoking rooms, appropriately signs nonsmoking rooms and permanently removes ashtrays and matches from them. Smoking rooms shall be segregated from nonsmoking rooms on separate floors, wings or portions of either; smoking and nonsmoking rooms shall not be interspersed. Nothing in this chapter shall require a hotel or motel to provide smoking rooms and the owner or operator of a hotel or motel may choose to prohibit smoking throughout the property.

BC. Designated smoking areas on private property provided that all of the following conditions are met:

1. The area is located the greatest distance practicable a reasonable distance from:
a. any doorway or opening into an enclosed area; and
b. any access way to a public place; and
c. The distance shall generally be twenty feet, with a minimum distance of five feet at least 25 feet;

2. The area has a clearly marked perimeter;

3. The area is posted with one or more conspicuously displayed sign(s) identifying the area as a designated outdoor smoking area pursuant to section 8.52.090 8.52.110 of this code;

4. Smoke is not permitted to enter adjacent areas in which smoking is prohibited by this chapter, other law or by the owner, lessee or licensee of the adjacent property;

54. Appropriate ash can(s) are placed in the smoking area and are maintained regularly by the owner, operator or manager of the smoking area;

65. No consistent complaints of secondhand smoke are filed with the city; and

76. The area is well lit.

CD. Designated smoking areas (DSAs) on public property approved by the city council and developed and maintained as such by the city. Prior to creating a Ordinance No. 778

DSA, the city council shall make a finding that the DSA is consistent with the purposes of this chapter;
DE. Smoking areas at public events which have been approved as part of athe Special Event Permit or Temporary Use Permit issued by the city.

EF. Inside a private vehicle automobile when no minor child is in or within 25 feet of the private vehicle.

FG. Any unenclosed area in which no nonsmoker is present and, due to the time of day or other factors, it is not reasonable to expect another person to arrive

8.52.070 Modifications of Designated Smoking Area (DSA) The city reserves the right to prohibit or require modifications to a DSA at a certain location if it undermines the purposes of this chapter.

8.52.080 Smoking Prohibited in Multi-Unit Residences
A. Effective July 1, 2025, smoking is prohibited in all units and common areas of multi-unit residences.

B. Notwithstanding any other provisions of this chapter, smoking of cannabis for medical purposes with a doctor’s recommendation as permitted by California Health and Safety Code sections 11362.7 et seq. in any unit of a multi-unit residence is not prohibited by this chapter. Notwithstanding the foregoing, such use of cannabis may be prohibited or regulated by other provisions of this code, state law, or federal law.

C. All common areas of multi-unit residences shall have signage indicating that smoking is prohibited consistent with the sign requirements of section 8.52.110.

D. If the City receives a complaint of a violation of subdivision A, it may issue a notice to the person(s) responsible, informing them of the requirements of this Chapter. The tenant(s) of a unit, or owner-occupant(s) of an owner-occupied unit, shall be deemed the person(s) responsible for the violation where the violation was caused by the tenant(s) or owner-occupant(s) of the unit, or one or more persons subject to the control of, or present by invitation or permission of, the tenant(s) or owner-occupant(s).

E. Sales contracts for condominiums entered into on or after July 1, 2025 shall disclose the requirements of this Chapter.

F. Any person may bring a civil action to enforce this section to prevent future violations and may sue to recover actual or statutory damages, including court costs, and attorney's fees. However, this Chapter does not create a private right of action for a tenant against a landlord for any damages the tenant may suffer due to another tenant's breach of any smoking provision in a lease or other Ordinance No. 778

rental agreement, so long as the landlord has fully complied with the terms of this section and section 8.52.090.

8.52.090 Requirements for Multi-Unit Residences
A. As of July 1, 2025, the landlord or association shall deliver to each unit of a multi-unit residence, a copy of this Chapter and a written notice clearly stating:

1. As of July 1, 2025, all units are designated nonsmoking units and smoking is prohibited in a unit, including any associated private balcony, porch, deck, or patio.

2. Smoking in all common areas or outdoor areas, except for specifically designated smoking areas, is a violation of this Chapter.

B. Every landlord or association shall provide prospective tenants, and/or prospective buyers of units, a copy of this Chapter and written notice clearly stating that:

1. As of July 1, 2025, Smoking is prohibited in units, including any associated private balcony, porch, deck, or patio; and

2. Smoking is prohibited in all common areas and outdoor areas, except for specifically designated smoking areas.

C. Every seller of a unit in a common interest development shall provide prospective buyers or renters a copy of this Chapter and written notice clearly stating that:

1. As of July 1, 2025, smoking is prohibited in units, including any associated private balcony, porch, deck, or patio; and

2. Smoking is prohibited in all common areas and outdoor areas, except for specifically designated smoking areas.

D. As of July 1, 2025, the person or persons with legal control over common areas shall post and maintain clear and unambiguous “No Smoking” signs at entrances and exits, in common areas, and in conspicuous places adjoining the property grounds. In addition, as of July 1, 2025, the person or persons with legal control over the multi-unit residences shall post and maintain signs in sufficient numbers and locations to indicate that smoking is prohibited in all units. The absence of signs shall not be a defense to a violation of any provision of this Chapter. “No Smoking” signs are not required inside or on doorways of units.

E. Landlords or associations with knowledge of violations shall take reasonable steps to investigate and enforce the regulations, including a written notice to the Ordinance No. 778

resident of the knowledge of the violation, a request to cease the violation, and the course of action to be taken if the violation is not corrected.

8.52.080 8.52.100 Allowing, Aiding or Abetting Smoking
A. No person, employer, business or nonprofit entity shall knowingly permit smoking in an area under his, her or its legal or de facto control in which smoking is prohibited by this Chapter or other law.

B. Except as provided in Sectionsection 8.52.100.A 8.52.120 of this code, no person, employer, business or nonprofit entity shall allow the placement or maintenance of a receptacle for smoking waste in an area under his, her or its legal or de facto control in which smoking is prohibited by this chapter or other law, provided however, that a receptacle may be placed at the entry to a nonsmoking area, along with a “No Smoking” sign, in order to encourage any smokers in violation of this chapter to immediately extinguish and properly dispose of smoking materials.

C. No person shall intimidate, threaten, effect a reprisal or retaliate against another person who seeks to attain compliance with one or more of this chapter's provisions.

8.52.090 8.52.110 Signs
Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this Chapter.

A. “No Smoking” or “Smoke Free” signs, with letters of not less than one inch in height or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or any alternative signage approved by the Community Development Director may be conspicuously posted by the person, employer, business or nonprofit entity who or which has legal or de facto control of such place at each entrance to a public place in which smoking is prohibited by this chapter or any other place where the City Manager reasonably determines that smoking in violation of this chapter has occurred, or is likely to occur.

B. Within designated smoking areas, one or more conspicuously displayed sign(s) shall be posted identifying the area as such. Signs shall adhere to the following requirements: a smokers’ outpost pursuant to section 8.52.060.B of this code signs with arrows directing the public to the designated smoking area may be allowed; signs shall be no smaller than three (3) inches high and eight (8) inches long with a pictorial representation of a burning cigarette; signs shall contain “Designated Smoking Area” or similar and shall be posted prominently between five (5) feet and seven (7) feet above the floor or ground; and all signs are subject to approval by the Community Development Director at his or her discretion.

Ordinance No. 778

C. Every hotel and motel shall have signs posted conspicuously in the registration and lobby areas and in every room which state that nonsmoking rooms are maintained and may be available; rooms designated as being nonsmoking shall have signs announcing such restriction conspicuously placed inside the room. smoking is not permitted.

CD. No person shall alter, deface, obscure, remove or destroy a sign or placard that this chapter authorizes.

8.52.100 8.52.120 Smoking Waste
Except for disposal of smoking waste in a smoking waste receptacle, no person shall dispose of smoking waste: (1) in or upon a public street or sidewalk; (2) in an area in which smoking is prohibited by this cChapter or other law; or (3) in any area a reasonable distance therefrom.

8.52.110 8.52.130 Requirement for Tobacco Retailer License It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailer licenses are valid for one year. An application to renew a tobacco retailer license shall be submitted prior to the expiration of the license.

8.52.120 8.52.140 Tobacco Retailers must operate at a Fixed Location No tobacco retailer license may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.

8.52.130 8.52.150 Prohibition of Tobacco Retailing within Certain Areas of the City No tobacco retailer license may be issued to authorize a tobacco retailer in the areas of the Ccity described in Sectionssections 14.20.075 and 14.22.070 of this Code.

8.52.140 8.52.160 Application Procedure
A. An application for a tobacco retailer license, plus one copy shall be submitted to the licensing agentCommunity Development Department in the name of the person proposing to conduct tobacco retailing and shall be signed by such person or an authorized agent thereof.

It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer’s license. No proprietor may rely on the issuance of a license as a determination by the City of Carpinteria or County of Santa Barbara that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Sectionsection 8.52.240 8.52.260 of this cChapter. Nothing in this cChapter shall be construed to vest in any person obtaining and maintaining a tobacco Ordinance No. 778

retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the Ccity and shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business seeking a license.

2. The business name, address, and telephone number of the single fixed location for which a license is sought.

3. A single name, mailing address and email address authorized by each proprietor to receive all communications and notices (the “Authorized Address”) required by, authorized by, or convenient to the enforcement of this chapter. If an Authorized Address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above.

4. Proof that the location for which a tobacco retailer’s license is sought has been issued a valid state tobacco retailer’s license by the California Board of EqualizationDepartment of Tax and Fee Administration.

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter or any other local and state laws, rules and regulations related to tobacco retailing and, if so, the dates and locations of all such violations within the previous five years.

B. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Sectionsection 6250 et seq.) or any other applicable law, subject to the laws’ exemptions.

8.52.150 8.52.170 Issuance of Tobacco Retailer License
A. Within thirty days of the licensing agentCity's receipt of an application for a tobacco retailer license, the licensing agentCity shall issue a license, unless it has been determined by the Public Health DepartmentCity that the issuance of the license should be denied, based on the following criteria:

1. The information presented in the application is incomplete, inaccurate or false; or

2. The application seeks authorization for tobacco retailing by a person or at a location for which a suspension is in effect pursuant to sectionSection

8.52.240 8.52.260 of this chapter; or
Ordinance No. 778

3. The application seeks authorization for tobacco retailing in an area that is in violation of Sectionssections 14.20.075 and 14.22.070 of this Code.

4. The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), that is unlawful pursuant to this code, or that is unlawful pursuant to any other law.

B. A denial of a tobacco retailer license may be appealed pursuant to sectionSection 8.52.240 8.52.260 of this chapter.

C. A licensed tobacco retailer shall inform the licensing agentCity in writing of any change in the information submitted on an application for a tobacco retailer’s license within ten (10) business days of a change.

D. The licensing agentCity shall keep a permanent record of all tobacco retailer licenses issued, but may destroy such records as provided by law with the approval of the City Council.

8.52.160 8.52.180 Display of Tobacco Retailer License
Each licensee shall prominently display the tobacco retailer license at each location where tobacco retailing occurs.

8.52.170 8.52.190 Fees for Tobacco Retailer License
A. The initial or renewal fee for a tobacco retailer license shall be $379 per year pursuant to Resolution 12-288 adopting the Tobacco Retailer License Fee Schedule for Incorporated Areas of Santa Barbara County passed and approved by the County of Santa Barbara Board of Supervisors on December 11, 2012, subject to subsequent amendments by the County Board of Supervisors. established in a master fee schedule adopted by resolution of the City Council.

The fee shall be paid to the licensing agentCity when a tobacco retailer license application is submitted.

B. Renewal. Renewal fees, paid to the licensing agentCity, are due the first business day after the date of expiration of a tobacco retailer license. A tobacco retailer will be allowed a thirty 30-day grace period to pay the renewal fee if the renewal fee has not been paid by the end of the grace period, a penalty of fifty 50 percent of the renewal fee shall be added to the renewal fee. If the renewal fee and any applicable late penalty are not paid within ninety 90 days after the date of expiration of a tobacco retailer license, then the licensing agentCity shall automatically revoke the license. Thereafter, if the licensee desires to resume tobacco retailing, a new license application must be submitted to the licensing agentCommunity Development Department in accordance with sectionSection

8.52.140 8.52.160, along with the license fee and late penalty.

8.52.180 8.52.200 Tobacco Retailer Licenses Are Nontransferable A. A tobacco retailer license is nontransferable. If a person to whom a tobacco Ordinance No. 778

retailer license has been issued, changes the business location or sells the business, then that person must obtain a new license prior to acting as a tobacco retailer at the new location, or the buyer of the business must obtain a license in the buyer's name before acting as a tobacco retailer.

B. Prior violations at a location shall continue to be counted against a location and license suspension periods shall continue to apply to a location unless:

1. The location is being or has been fully transferred to a new owner; and

2. The new owner(s) provide the licensing agentCity with clear and convincing evidence that the new owner(s) is acquiring or has acquired the location in an arm’s length transaction.

8.52.190 8.52.210 License Conveys a Limited Conditional Privilege Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City of Carpinteria identified on the face of the license. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Sectionsection 6404.5. Obtaining a tobacco retailer license does not make the retailer a “retailor wholesale tobacco shop” for the purposes of California Labor Code Sectionsection 6404.5.

8.52.200 8.52.220 Positive Identification Requirements for Sale of Tobacco Products and Tobacco Paraphernalia
No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twentyseven 21, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess tobacco products or tobacco paraphernalia.

8.52.210 8.52.230 Minimum Age for Persons Selling Tobacco Products and Tobacco Paraphernalia
No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products or tobacco paraphernalia shall engage in tobacco retailing.

8.52.220 8.52.240 False and Misleading Advertising Prohibited A tobacco retailer without a valid tobacco retailer license, including for example, a tobacco retailer license that has been suspended or revoked, shall not display any advertisement promoting the sale or distribution of tobacco products or tobacco paraphernalia at the tobacco retailer’s location and shall keep all such products out of public view.

Ordinance No. 778

8.52.230 8.52.250 Compliance Monitoring
A. Compliance with the tobacco retailer license provisions of this chapter shall be primarily enforced by the Santa Barbara County Sheriff, in conjunction with the Public Health Department. However, any peace officer may enforce the penal provisions of this chapter.

B. The Sheriff will check the compliance of each tobacco retailer one to three times per twelve12-month period. However, the Sheriff may check the compliance of a tobacco retailer more or less often, depending on a tobacco retailer’s compliance history. Nothing in this paragraph shall create a right of action for any tobacco retailer or other person, against the city, county or its agents.

8.52.240 8.52.260 Revocation or Suspension of Tobacco Retailer License and Appeals
A. Grounds for Revocation or Suspension.

1. A tobacco retailer license shall be revoked if the Public Health Department finds that one or more of the basis for denial of a license under Section

8.52.150 8.52.170 of this chapter exists. The revocation shall be without prejudice to the filing of a new application for a license following correction of the conditions that required revocation of the license.

2. A tobacco retailer license shall be suspended under this section if the Public Health Department finds that the licensee or his or her agent or employee has violated any federal, state or local law governing the sale, distribution, advertisement or display of tobacco, tobacco products or tobacco paraphernalia, including, but not limited to: Penal Code Section 308a, Business and Professions Code Sections 22950 et seq. (Stop Tobacco Access to Kids Enforcement Act "STAKE Act") or Sections 8.52.260, 8.52.270 and 8.52.280 of this code, or Business and Professions Code Section 25612.5(c)(7).

3. The Public Health Department shall give notice of revocation or suspension to a licensee by personal service or by certified mail return receipt requested, addressed to where the license was issued. The notice of revocation or suspension shall be effective when notice is personally served, or when the certified mail return receipt is returned to the Public Health Department. If the licensee fails to file a timely appeal of the suspension or revocation pursuant to this section, the notice of suspension or revocation shall be final, subject only to judicial review.

B. Suspension of Tobacco Retailer License. If the Public Health Department finds that there are grounds for suspension of a tobacco retailer license, the following sanctions shall be imposed:

Ordinance No. 778

1. Upon a first finding by the Public Health Department of a violation of this chapter by a licensee or by any agent or employee of a licensee within any five-year period, the license shall be suspended for thirty days.

2. Upon the second finding by the Public Health Department of a violation of this chapter by a licensee or by any agent or employee of a licensee within any five-year period, the license shall be suspended for ninety days.

3. Upon the third or subsequent finding by the Public Health Department of a violation of this chapter by a licensee or by any agent or employee of a licensee within any five-year period, the license shall be suspended for twelve months. However, if the licensee is operating within one thousand feet of a school pursuant to Section 8.52.130 8.52.150 of this chapter, upon the third finding by the Public Health Department of a violation by a licensee or by any agent or employee of a licensee within any five-year period the tobacco retailer license may be permanently revoked by the City Council at a public hearing.

A. Suspension.

1. A tobacco retailer license may be suspended if the City finds that the licensee, or an agent or employee thereof, has violated:
a. Any provision of this chapter; or
b. Any state law governing the sale, distribution, advertisement or display of tobacco, tobacco products or tobacco paraphernalia, including, but not limited to, Penal Code section 308(a), Business and Professions Code section 22950 et seq. (Stop Tobacco Access to Kids Enforcement Act (STAKE Act)), and Business and Professions Code section 25612.5(c)(7).

2. Suspension periods.
a. Upon a first finding by the City of a violation of this chapter by a licensee, or an agent or employee thereof, within any five-year period, the license may be suspended for up to 30 days.
b. Upon the second finding by the City of a violation of this chapter by a licensee, or an agent or employee thereof, within any five-year period, the license may be suspended for up to 90 days.
c. Upon the third finding by the City of a violation of this chapter by a licensee, or an agent or employee thereof, within any five-year period, the license may be suspended for up to 12 months. However, if the licensee is operating within 1,000 feet of a school pursuant to section 8.52.150 of this chapter, upon the third finding by the city of a violation by a licensee or by Ordinance No. 778

any agent or employee of a licensee within any five-year period the tobacco retailer license may be permanently revoked by the City Council at a public hearing.

B. Revocation.

1. A tobacco retailing license may be revoked if the City finds that one or more of the bases for denial exists pursuant to section 8.52.170(A). The revocation shall be without prejudice to the filing of a new application for a license following correction of the conditions that required revocation of the license.

2. On revocation of a license, no part of the money paid to the City as a fee shall be returned.

C. Appeal of Denial, Revocation and/or Suspension. The decision of the licensing agentCity to revoke, suspend, or deny the issuance of a tobacco retailer license or the decision of the Public Health Department to revoke or suspend a license can be appealed to the health officer or his/her designee can be appealed. All appeals must be in writing and filed with the health officer, Santa Barbara County Public Health Department, 300 North San Antonio Road, Santa Barbara, CA 93110-1316 Community Development Department within ten days of receipt of notice of denial, or within ten days of the effective date of the notice of revocation or suspension of a tobacco retailer license. The health officer City shall set an appeal hearing at the earliest practicable time and shall give written notice of the hearing to the parties at least ten days before the date of the hearing. At the hearing any relevant evidence shall be admitted. Within a reasonable time after the conclusion of the hearing, the health officer City shall make a written decision. An appeal shall stay all proceedings until the appeal is resolved. Any decision rendered by the health officer City shall be a final administrative decision.

D. Settlement in Lieu of Appeal Hearing. For a first or second alleged violation of this chapter within any five-year period, the health officer or his designee City may engage in settlement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter, provided that a timely appeal has been filed. Settlements shall not be confidential.

1. After a first alleged violation, any settlement must contain the following minimum terms:
a. Suspension of the tobacco retailer license for at least fifteen 15 days; b. A settlement payment to the public health department City of at least one thousand 1,000 dollars; and
Ordinance No. 778

c. An admission by the licensee that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

2. After a second alleged violation, any settlement must contain the following minimum terms:
a. Suspension of the tobacco retailer license for at least forty-five 45 days; b. A settlement payment to the public health department City of at least five thousand 5,000 dollars; and
c. An admission by the licensee that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

8.52.250 8.52.270 Minors—Posting of signs
Any person, business, tobacco retailer, or owner, manager or operator of any establishment that sells tobacco products shall post plainly visible signs at the point of purchase of tobacco products which state:
“SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO I.D. REQUIRED”
“The Sale of Tobacco Products to Persons Under 21 Years of Age is Prohibited by Law and Subject to Penalties. To Report an Unlawful Tobacco Sale, Call 1-800-5 ASK-4-ID.

Valid identification may be required.”
Signs must meet the requirements of state law under California Business and Professions Code section 22952. The letters of said signs must be at least one-half inch high readable by the consumer and must not be altered, covered, or obliterated in whole or in part.

8.52.260 8.52.280 Sale and distribution of tobacco products It is unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for sale or display for purposes of sale by means of self-service displays or by any means other than vendor-assisted sales, any tobacco products other than cartons of cigarettes, multi-container packages of smokeless tobacco and cigars and pipe tobacco.

Cartons of cigarettes, multi-container packages of smokeless tobacco, and cigars and pipe tobacco may be sold by means of self-service merchandising only when these products are under direct surveillance of a store employee. Tobacco products shall be deemed to be under direct surveillance of an employee only if the tobacco products themselves (and not just the racks, shelves, kiosks, etc., where the products are displayed) are in plain view of the store employee.

Ordinance No. 778

8.52.270 8.52.290 Vending machines.

No person, business, tobacco retailer or other establishment located within the city shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance, or use of, on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. Any tobacco vending machine in use on the effective date of the ordinance codified in this chapter shall be removed within thirty days after the effective date of the ordinance codified in this chapter. This provision shall not apply to vending machines which are located in bars, provided that such vending machines in bars must be located at least twenty-five (25) feet from any entry into the bar.

8.52.280 8.52.300 Out-of-package sales.

No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.

8.52.290 8.52.310 Enforcement.

The code compliance officer, or any peace officer in cooperation with the county health officer of the County of Santa Barbara, shallmay enforce and implement the provisions of this chapter., the provisions of CMC 4.24.021 and the provisions of Labor Code Section 6404.5.

8.52.300 8.52.320 Citizen complaints.

Any citizen who desires to register a complaint under the provisions of this chapter may request the code compliance officer to initiate enforcement. However, for complaints regarding violations of section 8.52.080 (Smoking Prohibited in Multi-Unit Residences), the sole remedy shall be as described in section 8.52.080(F).

8.52.310 8.52.330 Violation—Premises.

It shall be unlawful for any person who owns, manages or operates any premises subject to regulations under the provisions of this chapter to fail to comply with its provisions. No person shall cause, permit, aid, abet or conceal a violation of any provision of this chapter.

8.52.320 8.52.340 Violation—Individuals.

It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

8.52.330 8.52.350 Violation—Penalty.

In addition to any other remedy available at law, violation of any provision of this chapter shall be subject to Chapter 1.06 (Administrative Remedies) and Chapter 1.08 (Penalties) of the Carpinteria Municipal this Code. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

8.52.340 8.52.360 Separate offense.

A separate offense is committed for each and every day, or part of a day, during which Ordinance No. 778

any violation is caused, committed, continued or permitted. Each offense is punishable separately from every other offense

8.52.350 8.52.370 Public education—Purposes of chapter.

The code compliance officer, in conjunction and coordination with the county health officer of the county of Santa Barbara and, where feasible, appropriate health or safety oriented community-based organizations and coalitions, shall engage in a continuing program to explain and clarify the purposes of the provisions of the chapter to citizens affected by it, and to guide business owners, operators and managers in their compliance with it.

8.52.360 8.52.380 Governmental cooperation.

The city manager shall request all governmental and educational agencies which maintain an office within the city to establish local operating procedures to cooperate and comply with this chapter.

8.52.370 8.52.390 Other laws.

The provisions of this chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Further, it is not the intent of the provisions of this chapter to regulate smoking where such regulation has been preempted by the state.

SECTION 3. Severability.

This Chapter and the various sections thereof are severable. Should any part of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declared that it would have passed and adopted this Ordinance, and each and every provision hereof, irrespective of the fact that one or more provisions may be declared invalid.

SECTION 4. CEQA Exemption
The City Council finds the proposed ordinance amendment to be exempt from CEQA pursuant to State CEQA Guidelines section 15060(c)(2) (activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project) as defined in section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Effective Date.

This ordinance shall take effect and be in force thirty (30) days from and after its passage.

PASSED, APPROVED AND ADOPTED this ____ day of _________, 2024 by the following vote:

AYES: COUNCILMEMBER(S):

Ordinance No. 778

NOES: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):
_________________________
Mayor, City of Carpinteria
ATTEST:
___________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held ______________, 2024
___________________________
Brian C. Barrett, CMC, City Clerk
City of Carpinteria
APPROVED AS TO FORM:
______________________________
Jena S. Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney for the City of Carpinteria
Attachment C.

Draft Notice of Exemption pursuant to California
Environmental Quality Act (CEQA)
Smoking Regulations
July 8, 2024 City Council Meeting

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Carpinteria
Gour.rcu- Aceruoa Srarr Reponr
July 8,2024

ITEM FOR COUNCIL CONSIDERATION
Review of home sales prices and adjusting the 2024 in-lieu affordable housing fee pursuant to Carpinteria Municipal Code Chapter 14.75, lnclusionary Housing Requirement, and, if desired, adopt Resolution No. 6337, as read by title only, adjusting the 2024 affordable housing in-lieu fees for condominiums and single-family dwellings.

STAFF RECOMMENDATION
Receive and file the report on the City's home sales prices for 2023 and adopt Resolution No. 6337 to adjust the 2024 affordable housing in-lieu fees for condominiums and singlefamily dwellings.

Sample Motion: I move to receive and file the report on the City's home sales prices for 2023, and adopt Resolution No. 6337, as read by title only, adjusting the 2024 affordable housing in-lieu fees for condominiums and single-fami[ dwellings.

BACKGROUND
ln June 2004, the City Council adopted the lnclusionary Housing Ordinance (Ord.590) and approved an ln-lieu Fee Program (Program) codified in Carpinteria Municipal Code Chapter 14.75 (Code). The Code indicates that as a condition of approval, all residential development projects of five or more housing units involving a subdivision map for the purpose of creating individual ownership units or parcels shall construct 12o/o of the total units for a target sales price set at a price affordable to "above-moderate" income households earning at least 121% and no more than 200% of the area median income (AMl). The program does not apply to rental apartments, although, as part of the Housing Element update, the Code may be expanded or amended to include them.

The in-lieu fee amounts are set annually based on a formula that is part of the Program provisions that include the median sales prices of single-family dwellings and condominiums for the prior year, the median household income for the County of Santa Barbara, and current mortgage interest rates. The current in-lieu fees were established in July 2023 by Resolution No. 6260, at $973,500 for Single Family Dwellings and $316,600 for Condominiums, respectively. The lnclusionary Housing Ordinance states that the City Council may update the in-lieu fees annually to allow the fees to stay current with median 2024 lnclusionary Housing ln-lieu Fees Update
July 8,2024
Page2
housing prices, median incomes, and mortgage interest rates. Because the City has an interest in ensuring that in-lieu fees collected over time are adequate to iacilitate affordable housing projects and programs, it has been the City's practice to adopt annual adjustments.

DISCUSSION
ln'lieu Fees: The City's lnclusionary Housing Requirements include a preference for developers to construct the required number of income-restricted residentialfor-sale units as a part of their projects. Paying the in-lieu fee is an alternative to constructing the onsite affordable units and in order to authorize payment of the in-lieu fee, the Citf Council must first determine that the construction of the units is infeasible. The Inclusionary Requirements establish the in-lieu fees as an amount sufficient to make up the monetary gap between the median sales price of a unit and the housing price affordable to i household earning 121% of the AMl.

Median Sales Prices: To determine the median sales price of units sold in 2023, Community Development Department staff accessed the County of Santa Barbara Assessor's records. The data showed the sales of 59 single-family dwellings and 53 condominiums recorded in 2023 within the City of Carpinteria, not includlng gift or inheritance transfers. The median sale price was $1 ,4Sg,lSO for single_family O-wjttings and $805,000 for condominiums (see Attachment B and Attachment b tor details).

As background, in 2022, there were 76 single family dwellings sold with a median sales price of $1,499,000 and 70 condominiums sold at a median Jales price of $275,000. lnterest Rate: The mortgage interest rate used as an average is 6.9b%, taken from the 3O-year fixed-rate mortgage average in the United States as Lalculated by Freddie Mac.

Gounty Area Median lncome: The Santa Barbara County annualAMl increased in 2024 to $119,100 from $107,300 for a household of four. The City's lnclusionary Housing Requirements provide that in-lieu housing fees should be set ior an "above-moderate-' income household of four persons that earns between 121o/o and 200% of the AMl.

Using the adopted in-lieu fee formula with the updates described above, the 2024 in-lieu fees for single-family dwellings and condominiums are calculated as shown below:
2024 Sa le Familv Dwellino ln-lieu Fee
$1,453,750 (median 2023 SFD sales price) minus $575.600 (max. sales price for an income ol 121% of the AMI) equals $878,1S0 tn-lieu fee, Oown $95,350 from the 2023 ln-lieu Fee of $973,500.
2024 lnclusionary Housing ln-lieu Fees Update
July 8,2024

2024 Condomi ium ln-lieu Fee
$805,000 (median 2023 condominium sales price) minus $509,400 (max. sales price for an income of 121% of AMI) equals $295,600 ln-lieu Fee, down $21,000 from the 2023 ln-lieu Fee of $316,600.

City Council Resolution No. 6337 (Attachment A, Exhibits 1 and 2) shows these calculations in more detail.

POLICY CONSISTENCY
Government Code Section 65580 et. seq. mandates that cities implement programs to ensure there are sufficient sites to address the community's housing needs, offset the demand on housing created by new development, and protect the economic diversity of housing stock by promoting the development of affordable housing. The City's Housing Element further mandates that it adopt an inclusionary housing ordinance, which has been established in Carpinteria Municipal Code Chapter 14.75 - lnclusionary Housing Requirement. Setting the in-lieu fees annually is consistent with these laws and policies.

FINANCIAL CONSIDERATIONS
An annual adjustment of the fees ensures that the City has sufficient revenue to meet program objectives. There is no anticipated significant financial impact to the City as a result of updating the lnclusionary Housing ln-lieu Fees. There is no fund balance in the ln-lieu Fee Fund as no projects have yet been authorized to pay an in-lieu fee. Historically, the City has opted for the construction of affordable units over the payment of the ln-lieu Fee.

ENVIRONMENTAL
Adoption of the ln-lieu Fees set forth in Resolution No. 6337 is statutorily exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations, Article 20, Section 15378 as the adoption of the fees does not involve a commitment to any specific project or course of action that may result in a potentially significant impact on the environment.

OPTIONS
Direct staff to make modifications as deemed appropriate to the ln-lieu Fee calculations and revise the Resolution to include these changes.

PRINCIPAL PARTIES EXPECTED AT MEETING
None.

Resolution No. 6337 Setting ln-lieu Fees for 2024
Exhibit 1 - Single Family Dwelling In-lieu Fee Calculation Exhibit 2 - Condominium Unit ln-lieu Fee Calculation
Attachment B: 2023 Single Family Dwelling Sales Data
Attachment C: 2023 Condominium Sales Data
Staff contact: Syndi Souter, Senior Planner
2024 lnclusionary Housing ln-lieu Fees Update
July 8,2024

ATTACHMENTS
Attachment A:
(805) 755-4405, SVnd rointe .qov
Reviewed by: Nick Bobroff, Community Development Director (805) 7 55-4407, n [email protected]
Reviewed by:

Ryan Kintz, Assistant City Manager
(805) 7 55-4400 ; ryan [email protected]
Reviewed by: Michael Ramirez, City Manager
(805) 7 55-4450, [email protected]
fl
Signature
Signature
Attachment A
City Gouncil Resolution No. 6337
2024 ln-Lieu Affordable Housing Fees
. City Council Meeting
July 8, 2024
RESOLUTION NO. 6337

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA UPDATING THE IN.LIEU HOUSING FEES FOR 2024 ASSOCIATED WITH THE INCLUSIONARY HOUSING REQUIREMENTS OF CHAPTER 14.75 OF THE

CARPINTERIA MUNICIPAL CODE
WHEREAS, the City of Carpinteria adopted Ordinance No. 590 adding Chapter 14.75 of the Carpinteria Municipal Code, which establishes an inclusionary housing requirement for all new residential development of five or more units that requires a subdivision map; and
WHEREAS, the City's inclusionary housing program focuses on the creation of new residential units that are affordable to above-moderate income households earning between 121% and 2o0o/o of the area median income; and WHEREAS, the inclusionary program requires that all new residential development that falls within the requirements of Chapter 14.75 of the Carpinteria Municipal Code provide 12% of the total residential units at a price affordable to a household earning 121% of the area median income, or if the City Councilfinds that the provision of onsite inclusionary housing is infeasible, the applicant may pay an in-lieu fee; and
WHEREAS, the amount of the in-lieu fee is intended to equal the cost difference between the median sale price of a residential unit in the City and the sale price of a unit affordable to a household earning 121o/o of the area median income; and
WHEREAS, Carpinteria Municipal Code Section 14.75.090 requires that the City Council adopt an in-lieu fee for new residential development projects that are subject to Chapter 14.75 of the Carpinteria Municipal Code but cannot otherwise provide on-site inclusionary housing based on a finding by the City Council; and WHEREAS, Carpinteria Municipal Code Section 14.75.090 requires that the in-lieu fee be based on a calculation using the median sale price of single-family dwellings and the median sale price of condominiums in the City for the prior year; and
WHEREAS, the in-lieu fee authorized under Carpinteria Municipal Code Chapter 14.75 constitutes a traditional land use or zoning enactment regulating the use of property, rather than the imposition of an exaction upon property owners; and WHEREAS, Carpinteria Municipal Code Chapter 14.75 specifies thatthe City Council may annually review the median sale price for single-family dwellings and condominiums and based on that review, adjust the in-lieu fee; and WHEREAS, the City Council has reviewed data from the County ClerkRecorder/Assessor for 2023 and determined that the median sale price of singlefamily dwellings and condominiums in the City should be adjusted; and Resolution No. 6337
Page2
WHEREAS, the City Council recognizes that the City's ownership housing stock comprises detached single-family dwellings and condominiums and that there is a cost difference between developing single-family units and condominium units; and
WHEREAS, the City Council has considered in-lieu fee calculations for single-family dwellings and condominium units (Exhibits 1 and 2) that reflect the appropriate cost of offsite housing that is affordable to households earning 121o/o of the area median income; and
WHEREAS, a properly noticed regularly scheduled meeting of the City Councilwas held on July 8,2024 at 5:30 p.m., at City Hall, 5775 Carpinteria Avenue, Carpinteria, California 9301 3.

NOW, THEREFORE, it is hereby resolved by the City Council of the City of Carpinteria as follows:
sEcTtoN 1. Fi nos.

The City Council hereby finds as follows:

A. All provisions set forth above are true and correct and are hereby incorporated by reference as findings.

B. The purpos_e of the fees adopted by this Resolution is to assist the City in providing affordable housing to meet its housing requirements as set fort-h in its General Plan, Housing Element, and state Regional Housing Needs Assessment.

C. The fees collected pursuant to this Resolution and Ordinance No. 5g0 shall be used to fund the development, maintenance, and oversight of housing affordable to households earning less than2OO% of the area median income.

D. City staff and independent consultants have presented evidence through staff reports, studies, and oral testimony at public hearings that the City cannot provide the requisite number of affordable units without some intervention and City-imposed requirements.

E. Under the City's Housing Element, new residential development is required to provide a percentage of the total units at an affordable level and is allowed to satisfu such requirement by payment of an in-lieu fee if the City Council finds that the applicant is unable to provide such units onsite.

F. The in-lieu fee constitutes a traditional land use or zoning enactment regulating the use of property, rather than the imposition of an exaction upon property owners.

G. The price estimates and cost calculations set forth in the fees adopted by this Resolution are reasonable estimates based on the best available data.

Resolution No. 6337

H. The fees set forth and adopted herein are consistent with the City's General Plan/Coastal Plan, and the Council has considered the effects of the fee with respect to the City's housing needs (as established in the Housing Element of the General Plan) and regional housing needs.

SECTION 2. ln-lieu Fee for Sinsle-Familv Residential Development. The amount of the in-lieu fee created and imposed by this Resolution and pursuant to Ordinance No. 590 for development projects including single-family dwelling units is hereby established as $878,150. The schedule of in-lieu fees that the City Council hereby adopts is attached hereto as Exhibit 1 dated July 8, 2024, and incorporated herein by reference as though set forth in full. The fee amount set forth in Exhibit 1 shall be imposed on those new residential developments that include single-family residential development, as defined in Ordinance No. 590, and which the City Council determines cannot provide the necessary inclusionary housing onsite.

SECTION 3. ln-lieu Fee for Residential Condominium Development. The amount of the ant to
Ordinance No. 590 for development projects including condominium units is hereby established as $295,600. The schedule of in-lieu fees that the City Council hereby adopts is attached hereto as Exhibit 2 dated July 8, 2024, and incorporated herein by reference as though set forth in full. The fee amount set forth in Exhibit 2 shall be imposed on those new residential developments that include condominium units, as defined in Ordinance No. 590, and which the City Councildetermines cannot provide the necessary inclusionary housing onsite.

SECTION 4. Resolution Subiect to Underlvinq Ordinances. The provisions of this Resolution are subject and subordinate to the provisions of Carpinteria Municipal Code Chapter 14.75 and shall at all times be construed and applied consistent therewith as the same presently exists or may from time-to-time hereafter be amended.

SECTION 5. Effective Date. This Resolution shall be in full force and effect thirty (30) days after its adoption.

SECTION 6. Exemption from Environmental Review. Adoption of the fees set forth herein is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations, Article 20, Section 15378 because the adoption of said fees does not involve a commitment to any specific project or course of action that may result in a potentially significant impact on the environment.

SECTION 7. Severabilitv. lf any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have adopted this Resolution, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more Resolution No. 6337

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBERS:
coUNctLMEMBER(S):
coUNctLMEMBER(S):
coUNctLMEMBER(S):
sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

NOW, THEREFORE, the Carpinteria City Council hereby resolves that the 20241nlieu Fees associated with the lnclusionary Housing Requirements of Chapter 14.25, using best available 2023 data, are $878,150 for a single-family dwelling and $295,600 for a condominium unit as shown in Exhibits 1 and 2 attached hereto are hereby adopted, and this Resolution supersedes all previousfiadopted ln-Lieu Fee Resolutions.

PASSED, APPROVED AND ADOPTED this 8th day of July,2024 by the following called vote:

Mayor, City of Carpinteria
Brian C. Barrett, CMC, CPMC
City Clerk , City of Carpinteria
l_hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on July A,2024.

ATTEST:

APPROVED AS TO FORM:

Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
Brian C. Barrett, CMC, CPMC
City Clerk, City of Carpinteria
Median lncome: $119,100 (20241
Median Sale Price for a Single-Family Dwelling
Sold in Garpinteria in 2023
Minus
Max. Affordable Sale Price
ln-lieu Fee
Resolution No.6337
Exhibit I
July 8, 2024
2024 ln-lieu Fee Calculation
Single Family Dwelling
................1.05
................30%
.............6.95%
.1.0o/o
........$t 51,317
$3,783
$518,019
..$57,558
$575,600
$1,453,750
$575.600
$878,150
Sale Price Factors
Unit Size Multiplier.

Housing Cost to lncome Ratio
lnterest Rate........

PMt....,.

Target lncome for Affordability.

Maximum Payment for Housing
Amount of Loan this willAmortize
Plus 10% Down Payment
Maximum Sale Price
*121o/o of median income, four-person household, three bedrooms Amount of Loan this willAmortize.

Plus 10% Down Payment
Maximum Sale Price
Resolution No.6337
Exhibit 2
July 8, 2024
2024 In-lieu Fee Calculation
Gondominium Dwelling
$458,453
..$50,939
$509,400
Median lncome: $119,100 (20241
Median Sale Price for a Gondominium Dwelling
Sold in Carpinteria in 2023
Minus
Max. Affordable Sale Price
ln-lieu Fee
Sale Price Factors
Unit Size Multiplier*
Housing Cost to lncome Ratio.....
lnterest Rate..

PMt.........

HOA Fee
Target lncome for Affordability. ...

Maximum Payment for Housing...
$805,000
$509.400
$295,600
1 *121o/o of median income, four-person household, three bedrooms Attachment B
2023 Single Family Dwelling Sales
City Council Meeting
July 8, 2024
2023 Single-Family Residence Sales in the City of Carpinteria APN SalePrice003-543-023003-552-024003-153-002001-400-037003-600-024004-006-053001-470-006003.590-027003-543-001004-047-03E004-027-056004-008-012004-012-030 001-300-01300'1-262-003003-291-028003-340-029003-291-040001-292-030 00 1-300-030003-590-027001-470-008004-006-036
003-142-01 1003-351-041003-292-003004-01 1-031
004-112-021001-400-037003-291-009o01-470-024
003-352-007001-252-005001-292-009004-007-0't 9
Address4732 ELEANOR DR
CARPINTERIA, CA 93013
1339 POST AVE
CARPINTERIA, CA 93013
1082 ELM LN
CARPINTERIA, CA 93013
1362 EL PORTAL AVE
CARPINTERIA, CA 9301346E6 AMGON DR
CARPINTERIA, CA 93013
1555 MEADOW CIR
CARPINTERIA, CA 93013
63EO LAGUNITAS CTCARPINTERIA, CA 93013
't475 CAt\4ELLlA CtR
CARPINTERIA. CA 93013
1455 STERLING AVE
CARPINTERIA, CA 83013949 PALM AVECARPINTERIA, CA 930,I3 13E6 TOtltoL DR
CARPINTERIA, CA 93013
1477 LA JOLLA PL
CARPINTERIA, CA 93013
5166 EL CARRO LNCARPINTERIA, CA 930135476 CAtltEO RDCARPINTERIA, CA 930,135396 EL CARRO LNCARPINTERIA, CA 930135652 FIESTA DRCARPINTERIA, CA 9301 35556 CANALINO DRCARPINTERIA. CA 930135522 CALLE OCHOCARPINTERIA. CA 93013 1547 CASITAS PASS RD
CARPINTERIA, CA 93013
5435 HALES LNCARPINTERIA, CA 93013
1475 CAI\TELLIA CIR
CARPINTERIA, CA 930'13
6372 LAGUNITAS CT
CARPINTERIA, CA 930.13
151't |VIEADOWCIR
CARPINTERIA, CA 930I3
1394 VALLECITO RD
CARPINTERIA, CA 930135671 CALLE PACIFICCARPINTERIA, CA 93013726 ARBOL VERDE STCARPINTERIA, CA 93013 1475 STERLING AVE
CARPINTERIA, CA 930134898 EL CARRO LN
CARPINTERIA, CA 93013
1362 EL PORTAL AVE
CARPINTERIA, CA 93013E33 ARBOL VERDE STCARPINTERIA, CA 93013 1 128 CALLE LAGUNITAS
CARPINTERIA, CA 93013
5664 CALLE PACIFICCARPINTERIA, CA 930135547 CAMEO RDCARPINTERTA, CA 93013 1558 KATHY ST
CARPINTERIA, CA 9301351 18 CONCORD PLCARPINTERIA, CA 93013 SaleDateo1 to4t202301t04t202301t211202301t22t202301t31t202302t21t202303t13t202303t17t202303t30t202303t30t202304r1 1t202304t12t202304t19t202304t24t2023 04t26t2023
ost12t2023
05t16t202305t25t202305t31t2023o5t31t202306t02t2023
06t05t202306t15t2023o6t21t202306t23t2023
06t24t202306t2712023o6t27t2023o6t30t202307t10t2023
07 t1 4t202307t14t202307t141202307 t1912023
07t21t2023
SituscityCARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINIERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPiNTERIACARPINTERIA

CARPINTERIACARPINTERIACARPINTERIACARPINTERIA

CARPINTERIACARPINTERIACARPINTERIACARPINTERIA

CARPINTERIACARPINTERIACARPINTERIACARPINTERIA

CARPINTERIACARPINTERIACARPINTERIA

CARPINTERIACARPINTERIA
$1,050,000
$1,150,000$1,100,000$1,300,000$1,875,000$1,580,000sl,205,000$1,086,000$1,575,000$1,075,000 $1,457,500$1,805,000
LotSize
6969.66969.6
2613.64276.47405.2
4791.6
7E40.8
65347440.46969.66534
10018.8
8189.287405.27840.4
6969.6
11325.6
20037.6
10018.8
7405.26534
6969.65662.8
5227.2
6534
65347405.27405.2
8276.49563.2
4791.6
6534
7840.4
11761.2
4276 4
Situszip
930139301393013930139301393013930139301 393013930139301 39301393013930't393013 9301393013930139301393013
930139301 39301393013
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930139301393013
9301393013
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DEEDDEEDDIEDIEDIE

DEEDDIEDEED

DEEDDEEDDIEDEED
$2,52s,000$1,425,000
Eledroom! BathRoon SqFootagi YearBuilt
3 2 1144 19623 2 1733 1964
2 1 1129 19264 2 1503 1974
3 2 113't 1970
4 2.5 1821 19874 3.5 2423 2013
3 2 1553 19693 2 124A 1962
2 1 113E 1951
3 2 1214 1956
4 2 1A47 19732 1 1110 1950
3 2 1564 f9673 2 1274 19633 2 1166 19572 I 1080 19513 2 2496 19204 3 1846 1364 3 3 2062 19783 2 1s53 19693 2.5 2238 20124 2.5 1951 1947 3 1.5 1 055 1 9573 3 '1792 19575 2 1854 1958
3 2 1487 1975
4 3 2190 20094 2 1503 1974
4 2 142A 19584 3.5 2680 2012
3 2 1190 19574 2 1960 19683 2 1750 1964
3 2 1576 19E5
PropUs
Single Family ResidenceSingle Family ResidenceSingle Family ResadenceSingle Family ResidenceSingle Family ResidenceSingle Family ResidenceSingle Family ResidenceSingle Family ResidenceSingle Family ResidenceSingle Family ResidenceSingle Family ResidenceSingle Family ResidenceSingle Family ResidenceSingle Family ResidenceSingle Family Residen€Single Family Residen@single Family ResideneSingle Family Residence Single Famlly ResidenceSingle Family ResidenceSingle Family ResidenceSingle Family ResideneSingle Family Residene Single Family ResidenceSingle Family Residen@Single Family Residen€ single Family ResideneSingle Family ResidenceSingle Family ResidenceSingle Family Residen@ Single Family ResidenceSingle Family ResideneSingle Famiry ResideneSingle Family Residence Single Family Residence
Location
City of CarpinteriaCity of CarpinleriaCity of Carpinte.iaCity of CarpinteriaCity of CarpinteriaCity of CarpinteriaCity of CarpinteriaCity of CarpinteriaCity of CarpinteriaCity of CarpinteriaCity of CarpinteriaCity of CarpinteriaCity of CarpinteriaCity of CarpinleriaCity of CarpinterjaCity of CarpinteriaCity of CarpinteriaCity of CarpinteriaCity of Carpinteria City of CarpinteriaCity of CarpinteriaCity ot Carpinteria Cily of CarpinteriaCity of CarpinteriaCity of carpanteriaCity of CarpinterjaCity of Carpinteria Cily of CarpinteriaCity of CarpinteriaCity of Carpinterja City of CarpinteriaCiiy of CarpinteriaCity of CarpinteriaCity of Carpinteria City of Carpinteria
TRAPrefix TtlReapprPct05 100.00 0/.05 100.00 7o05 100.00 7005 100.00 %05 100.00 6/0 05 '100.00 %05 100.00 7o05 100.00 7o05 100.00 %05 100.00 %05 100.00 %05 100.00 % 05 100.00 %05 100.00 7005 100.00 7005 100.00 %05 100.00 o/o05 100.00 %05 100.00 %05 100.00 % 05 't00.00 7005 100.00 o/o05 100.00 %05 100.00 %
05 100.00 7o05 100.00 %05 100.00 %05 100.00 %
05 100.00 %05 100.00 %05 100.00 %05 100.00 o/"
05 100.00 %05 100.00 %05 100.00 %
$1,730,000$'1,495,000
$960,000
$2,250,000
$1,450,000$1,675,000
$'1 ,850,0005't,050,000s1,529,000

47.10 ELEANOR DR
003-551-001 CARPINIER|A, CA 93013
4898 MALIBU DR
004-026-007 CARPtNTERIA, CA 93013
5652 FIESTA DR
001291-02E CARPINIER|A, CA 93013
1 109 CALLE LAGUNITAS
001-470-036 CARP|NTER|A, CA 93013
1082 ELM LN
003-153-002 CARP|NTERIA. CA 93013
5438 CAMEO RD
001-300-007 CARPtNTERIA, CA 93013
6371 LAGUNITAS CT
001-470-014 CARPINTER|A, CA 93013
1483 LA PALOIUA DR
o04-o10-o27 CARPINTERIA, CA 93013
5476 CAMEO RD
001-300-013 cARp|NTER|A, CA 93013
4949 THIRD ST
003-483-004 CARPiNTER|A, CA 930.13
E39 ARBOL VERDE ST
003-291-00E CARP|NTER|A, CA 93013
1475 STERLING AVE
004-01 1-031 CARPTNTERIA, CA 93013
'252

CRAVENS LN
004-014-006 CARP|NTER|A, CA 93013
4898 EL CARRO LN
00+112-021 CARP|NTER|A, CA 93013
5444 DARIESA ST
001-292-020 CARP|NTER|A, CA 93013
I394 VALLECITO RD
003-142-011 CARP|NTER|A, CA 93013
5556 CANALINO DR
003-340-029 CARP|NTERIA. CA 93013
726 ARBOL VERDE ST
00&292{03 CARPtNTERtA, CA 93013
5140 OGAN RD
003-142-035 CARP|NTERIA, CA 930,t3
5407 CAMEO RD
001-300-026 cARptNTERtA, CA 93013
6364 LAGUNJTAS CT
001470-010 CARPjNTER|A, CA 93013
1 558 KATHY ST
001-292-009 CARPINTERtA, CA 93013
4898 MALIBU DR
00+026{07 cARPtNTERIA, CA 93013
5402 CAMEO RD
001-300-001 CARP|NTER|A, CA 93013
2023 MEDLAN SALES PRICE
2023 AVERAGE SALES PRICE
(59 total SFD sales in2O23)
$1,425,000 07t24t2023 4
s975,000 07nat2023 3
07t31t2023 3
$1,729,000 0an4t2023 3
$950,000 08/09/2023 2
$1,300,000 08t,t0t2023 3
$1,630,000 08t11t2023 3$1,143,000 lan1D023 3
$1,350,000 08t21t2023 3$'t,425,000 088ot2023 3
$2,055,000 09t0'U2023 4$'t,300,000 09to7t2023 3
$970,000 09/15/2023 3
$2,395,000 09n1/2023 4
$1,355,000 09t22t2023 4
$1,380,000 09t22t2023 3$2,295,000 09125t2023 2
$2,042,500 10t04t2023 5$1,913,500 10t06r2023 4
$1,700,000 11t17t2023 3s1,625,000 11t20t2023 3
$1,51s.000 12t04t2023 3s1,525,000 12t20t2023 3
s1,390,000 12t29t2023 4
$1,453,750
$1,512,728
t
2 2
1 2
22 1
2 2.53
2 I
2 2.53
22 2
2 1 964
1958
2012
1926
1968
2013
197319671947
19581975
1 990
2009
1964
1957195'l
1958
2022
1978
2013
1 9641958
1 968
93013
93013
930't393013
9301393013
930139301393013
93013
93013
9301393013
9301393013
9301393013
930t3
9301 393013
93013
93013

DEEDDEED
Pl9

DEEDDEED

DEEDDEED

DEEDDEEDDEED
DEED

DEEDDEED

DEEDDEED

DEEDDEED

DEEDDEED

DEEDDEED

DEEDDEED
DEED
14691200
2172
1 1291912
2172
1191
I 564
546
14281447
1956
21 90
'1470
10801854
2146
256A
21 13
1750
'1200
1695
7840.87840.8
6969.5
4791.6
2613.66969.6
4791.6
609E.47405.2
4617.3610018.8
7405.21742.4
7405.2
7440.4
5227.2
1 1325.6
65344276.4
7840.8
6969.6
11761.2
7840.8
9147.6

CARPINTERIACARPINTERIA

CARPINTERIACARPINTERIA

CARPINTERIACARPINTERIA

CARPINTERIACARPINTERIA

CARPINTERIACARPINTERIA

CARPINTERIACARPINTERIA

CARPINTERIACARPINTERIA

CARPINTERIA

CARPINTERIACARPINTERIA

CARPINTERIACARPINTERIA

CARPINTERIACARPINTERIA

CARPINTERIACARPINTERIA

CARPINTERIA
100.00 %
100.00./.'t00.00 %100.00 0/o
100.00 %
100.00 0/o't00.00 %
1OO.O0 o/o100.00 %
100.00 o/o100.00 70
100.00 o/o100.00 %
100.00 %'t00.00 %
100.00 %100.00 %
100.00 %100.00 %
100.00 %100.00 %
'100.00 %'t00.00 0/.
100.00 %
Sjngle Family Residen@Single Family Residene
Single Family Residen@
Single Family Residen@Single Family Residen@Single Family Residene Single Family Residen@Singie Family Residence
Single Family Residen@Single Family Residene
Single Family Residen@Single Family Residene
Single Family Residen€
Single Family ResideneSingle Family Residene
Single Family Residen@Single Family Residen@
Single Family Residen@Single Family Residen@
Single Family Residen@Single Famiry Residene
Single Family Residen@Single Family Residene
Single Family Residen@
City of CarpinteriaCity of Carpinteria
City of CarpinteriaCity of Carpinteria
City of CarpinteriaCity of Carpinteria
City of CarpinteriaCity of Carpinte.ia
City of CarpinteriaCity of Carpinieria
City of CarpinteriaCity of Carpinteria
City of Carpinteria
City of CarpinteriaCity of Carpinteria
City of CarpinteriaCity of Carpinteria
City of CarpinteriaCity of Carpinteria
City of CarpinteriaCity of Carpinteria
City of CarpinteriaCity of Carpinteria
City of Carpinteria
05 0505
0505
0505
0505
0505
0505
0505
05 05
0505
05 0505
Attachment G
2023 Condominium Sales
City Council Meeting
July 8, 2024
2023 Condominium Sales in the City of Carpinteria
SalePrie Bedpom! BathRoon sqFootag YearEluilt
2 1 840 19722 2.5 M2A 19873 2.5 1332 19963 2 1206 19214 3 2229 1957 3 2.5 1349 1947
2 1 840 1972
1 1 837 19211 I 785 2005
2 2 941 20052 1 945 1972
2 1 a37 19722 1 840 1972
3 2 1546 1984
1 1.5 1420 1987
2 1-5 1116 19732 1 840 1972
3 2 1099 1986
1 I 5',14 19&1
2 1 .75 A28 19702 1 803 1986
0 1 462 19683 2 ',1099 ',1986
3 2.5 1332 1996
2 1 748 1958
2 'l 752 19E62 1 E37 19722 2.5 1215 1986
2 1 945 19722 2 E76 1986
3 2 1626 19E73 1.5 1390 1977
3 2.5 1550 19863 2 1314 1971
APN
001-31 1-058003920-026oo+102-012004-041-036003850-014004-015-069001-312-015004-041-03700+041-03800+041-039001-312-04E 001-322-009001-31 1-019001890-004003-920-030001-350-021 001-321-143004-0'16-c13
003-710422001620{16004-016-043003-700-002
004-016-007
00+102-032
003700-031
004-015-025001-321-05300+011088001-312-048
004-016-00800$920-013
001780-04800+015-056
001640-019
Address
5915 HICKORY STCARPINTERIA, CA93O134527 CARPINTERIA AVE CARPINTERIA, CA 93013
4692 CARPINTERIA AVE
CARPINTERIA, CA 93013
,1112 LINDEN AVE
CARPINTERIA, CA 93013
4923 SANDYLAND RD
CARPINTERIA, CA 93013
1235 FRANCISCAN CT
CARPINTERIA, CA 930135926 HICKORY STCARPINTERIA, CA 930'13 11,I4 LINDEN AVE
CARPINTER'A, CA 930'13
1 1 16 LINDEN AVE
CARPINTERIA, CA 93013
11,18 LINDEN AVE
CARPINTERIA, CA 93013593I BIRCH STCARPINTERIA, CA 930'135970 HICKORY STCARPINTERIA, CA 930I35930 VIA REAL CARPINTERIA, CA 93013
4880 SAWYER AVE
CARPINTERIA, CA 93013
4527 CARPINTERIA AVE
CARPINTERIA, CA 93013
1035 PALMETTO WAY
CARPINTERIA, CA 93013
1051 MILARD AVE
CARPINTERIA, CA 930I3
1230 FRANCISCAN CT
CARPINTERIA, CA 930'13
4950 SANDYLAND RD
CARPINTERTA, CA 9301347OO SANDYLAND RDCARPINTERIA. CA 930.I3 1271 FRANCISCAN CT
CARPINTERIA, CA 930134902 SANDYLAND RD
CARPINTERIA, CA 930'13
1220 FRANCISCAN CT
CARPINTERIA, CA 930134692 CARPINTERIA AVE
CARPINTERIA, CA 93013
4980 SANDYLAND RD
CARPINTERIA, CA 93013
1260 FRANCISCAN CT
CARPINTERIA, CA 93013
59E1 HICKORY STCARPINTERIA, CA 93013
1211 FRANCISCAN CT
CARPINTERIA, CA 930135931 BIRCH STCARPINTERIA. CA 93013 '1220 FRANCISCAN CT
CARPINTERIA, CA 930I3
4517 CARPINTERIA AVE
CARPINTERIA, CA 930'13
4413 CATLIN CIR
CARPINTERIA, CA 93013
1255 FRANCISCAN CT
CARPINTERIA, CA 930135455 EIGHTH STCARPINTERIA, CA 93013 $72s,000$896,000s749,000
$E49,000$950,0005740,000
$525,000$785,000$535,000
$782,000
SaleDate02t03t202302t09t202302t09t202302t14t202302t222023 02t23t2023
o2t27t2023
03t02t202303102202303to2/2023o3tost202303to6t2023o3t07t2023o3t21t2023 03t24t202304t'11t2023
04t14t202304t14t202304t17t202305t07t2023ost11t2023
05t12202305t23t2023
05t26t202305/3112023o6to1t202306toz2023
06t27t2023o6t291202306t30t202307to5t2023
07to6t2023
071o6t202307to1t2023
PrcpUse
CondominiumCondominiumCondominiumCondominiumCondominium condominiumCondominiumCondominiumCondominiumcondominiumCondominiumCondominiumcondominiumCondominium CondominiumCondominium.CondominiumCondominium
CondominiumcondominiumCondominium
CondominiumCondominiumCondominium
CondominiumCondominiumCondominium
CondominiumCondominiumCondominium
CondominiumCondominium
CondominiumCondominium
SitusCityCARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIACARPINTERIA

CARPINTERIACARPINTERIACARPINTERIA

CARPINTERIACARPINTERIACARPINTERIACARPINTERIA

CARPINTERIACARPINTERIACARPINTERIA

CARPINTERIACARPINTERIACARPINTERIA

CARPINTERIACARPINTERIACARPINTERIA

CARPINTERIACARPINTERIACARPINTERIA

CARPINTERIACARPINTERIA
s525,000
$805,000
SitusUnitNum2
D
12 334
1 3
B342262
134
6 104
5 1
44 D
B
4 19
Situszip Location93013 CityofCarpinteria93013 CityofCa.pinteria93013 cityofcarpinteria93013 CityofCarpinteria93013 CityofCa.pinteria93013 CityofCarpinteria93013 City of Carpinteria93013 City of Carpinteria93013 CityofCarpinteria93013 City of Carpinteria 93013 City of Carpinteria93013 City of Carpinteria93013 City of Carpinteria93013 CityofCarpinteria93013 City of Carpinteria93013 CityofCarpinteria 93013 CityofCarpinteria93013 City of Carpinteria93013 CityofCarpinteria 93013 City of Carpinteria93013 CityofCarpinteria93013 CityofCarpinteria 93013 City of Carpinteria93013 CityofCa.Pinteria93013 Cityof Carpinteria 93013 City of Carpinteria93013 CityofCarPinteria930'13 CityofCarpinteria93013 City of Carpinteria 93013 CityofCarpinteria930'13 City of Carpinteria
93013 Ci9 of Carpinteria93013 CityofCarPinteria
93013 City of Carpinteria
TRAPEfiT TtlReapprPct05 '100.00 7005 100.00 7005 100.00 %05 100.00 %05 '100.00 %05 100.00 % 05 100.00 %05 100.00 7005 100.00 0/o05 100.00 %05 100.00 %05 100.00 %05 100.00 %05 100.00 % 05 100.00 7o05 100.00 0/o05 100.00 %05 100.00 %
05 100.00 %05 100.00 %05 100.00 %
05 100.00 %05 100.00 %05 100.00 %
05 100.00 7005 100.@%05 100.00 %
05 100.00 7o05 100.00 %05 100.00 %
05 '100.00 %05 100.00 %05 100.00 %
05 100.00 %
DocType

DEEDDEED
DIE
DEED
DEED

DEEDDEEDDEEDDEEDDEEDDIEDEEDDIEDIE

DEEDDEEDDEED

DEEDDEEDDIEDEED

DEEDDEED

DEEDDEEDDEEDDEED

DEEDDEEDDEED

DEEDDEED

DEEDDEED
$990,000
$8,100,000
$895,000$515,000
s2,315,000s2,315,000s2,315,000
$560,000
$760,0005717,000s600,000
$849,000$600,000
s865,000
$9E0,000$750,000
004-01 1026
oou920-o22
00'1-31&003
009780-05500320G024004-016-030
00+016-004
004-016-05200+570-004
001830-005
004-015-065004-0E7-005
001-312-00600'1-39G024
003620-010
ool-312-04800+81G030004-120-001
001-323006
10551420
840
1024
1402
676
803803
432
683
1430
840
1344
a2a
9457231769
E40
Condominium
CondominiumCondominium
CondominiumCondominium
CondominiumCondominium
CondominiumCondominium
Condominium
CondominiumCondominium
CondominiumCondominium
Condominium
CondominiumCondominium
CondominiumCondominium
CARPINTERIA 93013CARPINTERIA 93013
CARPINTERIA 93013
CARPINTERIA 93013CARPINTERIA 93013CARPINTERIA 93013
CARPINTERIA 93013
CARPINTERIA 93013CARPINTERIA 93013
CARPINTERIA 93013
CARPINTERIA 930'13CARPINTERIA 93013
CARPINTERIA 93013CARPINTERIA 93013
CARPINTERIA 93013CARPINTERIA 930.I3
CARPINTERIA 93013
CARPINTERIA 93013CARPINTERIA 93013
'100.@ %'100.00 04
100.00 %100.00 0/o
100.00 7o100.00 0/o
100.00 %100.00 %
100.00 %
100.00 %'100.00 %
100.00 %100.00 %
100.00 04
100.00 %100.00 0/o
100.@ %100.00 %
100.00 %
1260 FRANCISCAN CT
CARPINTERIA. CA 93013
4515 CARPINTERIA AVECARPINTERIA, CA 930135926 BIRCH STCARPINTERIA, CA 93013 4405 CATLTN CtRCARPINTERIA, CA 93013
4264 CARPINTERIA AVE
CARPINTERIA, CA 93013
1270 FRANCISCAN CT
CARPINTERIA, CA 93013
1210 FMNCISCAN CT
CARPINTERIA, CA 93013
1265 FRANCISCAN CT
CARPINTERIA, CA 93013
4880 SANDYLAND RD
CARPINTERIA. CA 93013
4975 SANDYLAND RDCARPINTERIA, CA 93013
1245 FRANCISCAN CT
CARPINTERIA, CA 93013
140 HOLLY AVE
CARPINTERIA, CA 93013
5916 HICKORY STCARPINTERIA, CA 93013
1054 PALMETTO WAY
CARPINTERIA, CA 93013
47OO SANDYLAND RDCARPINTERIA, CA 93013
5931 BIRCH STCARPINTERIA, CA 930135446 EIGHTH STCARPINTERIA, CA 93013 401O GREEN HERON SPRING DRCARPINTERIA, CA 930135950 BIRCH STCARPINTERIA, CA 93013 sg.ls,ooo o7n412023 3
$915,000 0E/022023 2
oato4t2023 2
$860,000 08/07/2023 2
$630,000 08/15/2023 2$E00,000 08/2412023 2
$725.000 OAt29t2023 2s705.000 08/30/2023 2
$810,000 08/31/2023 0
$2,550,000 09t122023 2
s960,000 09/122023 3
$1,300,000 09t26t2023 2
10t19t2023 2
$E00,000 11/03/2023 3
$1,036,000 1'v09t2023 2
$535,000 '11l112023 2
$560,000 12t'14t2023 2
$1.215.000 12119t2023 3
$600,000 1220t2023 2
$805,000
$1,091,289
2 '1.5

2.52 11
1 1

2.5 2.5
1 2
1 'l

2.5 ,l
'1986
19471972
1977'1989
19861 986
1986
196119Bl
19861 989
1972
't977'1970
't972'1961
2020
1972
1'l
B
3 2I
10 6
4 105
65 2
B
29 430
City of CarpinteriaCity of Carpinteria
City of CarpinteriaCily of Carpinteria
City otCarpinteriaCity of Carpinteria
City of CarpinteriaCity of Carpinleria
City of CarpinteriaCity of Carpinteria
City of Carpinteria
City of Carpinte.iaCity of Carpinteria
City of Carpinteria
City of CarpinteriaCity of Carpinteria
City of CarpinteriaCity of Carpinteria
City of Carpinteria
DEED 05
DEED 05DIE 05
DEED 05DEED 05
DEED 05DEED 05
DEED 05DEED 05
DEED 05
DEED 05DEED 05
DEED 05
DEED 05DEED 05
DEED 05DEED 05
DEED 05DEED 05
2023 MEDIAN SALES PRICE
2023 AVERAGE SALES PRICE(53 total condo sales in 2O23)
City of Carpinteria

COUNCIL AGENDA STAFF REPORT
July 8, 2024

ITEM FOR COUNCIL CONSIDERATION
Adoption of Resolution No. 6338, approving the recommendations of the Traffic Safety Committee.

STAFF RECOMMENDATION
Adopt Resolution No. 6338, approving the recommendations of the Traffic Safety Committee.

Sample Motion: I move to adopt Resolution No. 6338, as read by title only.

BACKGROUND
Pursuant to Carpinteria Municipal Code Section 10.08.090, the City of Carpinteria Traffic Safety Committee (TSC) is an advisory body to the City Council, the City Engineer and other City officials. The duties of the TSC include making recommendations concerning the administration and enforcement of traffic regulations; to stimulate and assist in the preparation and publication of traffic reports; to receive complaints having to do with traffic matters; and, to suggest ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.

The TSC consists of the City Traffic Engineer, Chief of Police or representative, Community Development Director or representative, as well as three citizen representatives, including a representative of the safety committee of the Carpinteria Unified School District, and such other City officials or representatives of Special Districts as may be recommended by the City Manager and approved by the City Council.

The TSC normally meets on a quarterly basis and its meetings are publicly noticed. The TSC meetings provide members of the community a chance to come voice their support or concerns about various traffic operations issues in Carpinteria. In addition to taking public comment, the TSC considers formal requests made by citizens, public safety traffic improvements, and the enforcement of regulations.

The purpose of this agenda item is for the City Council to review and approve the recommendations made by the Traffic Safety Committee (TSC) during the meetings held Approving the Recommendations of the Traffic Safety Committee July 8, 2024